The Judge, in his charge to the jury, overruled the plea, by stating to the jury that his having been taken in the manner, was proved by the various accounts he gave of his getting possession of the horse, thus rendering himself liable to prove how he came by him, or to stand guilty of having feloniously taken him, as stated in the indictment. That they had heard the witnesses and if, from the evidence and circumstances before them, they would find him guilty; but if they had any doubts, that leaning to mercy, they would find him not guilty.
While the jury was out, the sheriff invited the Court and other gentlemen to visit gaol, where they were shown the irons and chains, and the situation in which the prisoner had been placed.
The jury, after an absence of about two hours, returned with a verdict of “Guilty.” The judge then proceeded to pass upon him the awful sentence of the law, “Death, without the benefit of Clergy;” but the criminal remained unmoved and unaffected, and continued shouting and hallooing. The court asked the counsel for the prisoner whether he had anything to offer in arrest of judgment, or why the sentence of death should not be executed upon him. Mr. Peters then arose and produced authorities to show that the present law that took away “the benefit of Clergy” for horse-stealing, was not in force in this colony, and that it could not be construed to be in force, and must be a question to be decided in the higher court, where he hoped to have the honor of discussing it. The judge admitted the plea; but gave his opinion against him.
CHAPTER VII.
After Sentence Smith Assumes Indifference to His Fate—Breaks Fastenings Again—His Marionette Family Described by Sheriff Bates—Tells Something of His Past History—His Case Considered by Supreme Court at Fredericton.
The business being ended, the prisoner was returned to his cell where he received his chains with willingness and apparent satisfaction; and the court adjourned without delay. The Attorney General, however, gave me to understand that the prisoner would not be executed immediately; and requested that I would observe his behavior, and inform him by letter the particulars of his conduct. The next morning I visited him, and observed to him that he was now under sentence of death, and he would be allowed only one pound of bread every day, with water, during the short time he had to live. That as soon as the death warrant was signed by the president, he would be executed, and that a short time only was left him to prepare for the dreadful event. But he paid no attention; patted his hands, sang and acted the fool as usual. One of his visitors being much surprised at his insensibility, observed to him, “Smith, it is too late for you to deceive any more; your fate is fixed now, and you had better employ your little time in making your peace with God, than to act the fool any longer.” On our next visit to the gaol, which was soon after, we found his Testament open, and a leaf turned down on the following passage—“If any man among you seemeth to be wise, let him become a fool, that he may be wise.” From this it would appear, that he either founded his pretended insanity on Scripture precept, or affected to do so; yet it cannot be supposed that he intended us to know what use he made of this Scripture, as he must have known that our conclusion would be that he was “more rogue than fool.”
I kept him nine days on bread and water, during which time he manifested no sign of hunger, more than when fed with four times his allowance, and tore off every particle of his clothing, leaving himself entirely naked. After this time, I allowed him other provisions, and his subsequent behavior was briefly stated in a letter to the Attorney General, and afterwards, published in the “Royal Gazette.” The following is a true copy of the letter, as it appeared in that paper, July 11th, 1815:
Copy of a letter from the High Sheriff of Kings County:
Kingston, June 26th, 1815—My Dear Sir—Having heard nothing from you since the late gaol delivery at Kings County, I beg leave to state to you some circumstances of the criminal, Henry More Smith, since his trial and sentence. After securing him with strong chains to his neck and legs, and with handcuffs, he continued beating the floor, hallooing day and night with little intermission, making different sounds; sometimes with jingling his chains, and sometimes without, apparently in different parts of the gaol, insomuch that the gaoler frequently sent for me, supposing he must be loose from his chains, which I conceived and frequently observed was impossible, being far beyond the power of human strength or invention, in his situation; but on the 24th of May, going into the gaol early in the morning, (after examining his chains at 2 o’clock the day before,) I found three links of his heaviest chains separated, and lying on the floor, being part of the chain without the staple. He continued in the same way until the 2nd of June, when we found the largest chain parted about the middle and tied with a string, which clearly proves that irons and chains are no security for him. I then put on a light chain, with which he has been ever since. I never discovered him at work at anything, but he frequently produced effigies or likenesses, very striking, representing his wife. He now produced an effigy of a man in perfect shape, with his features painted, and joints to all his limbs, and dressed him in clothes that he had made in good shape and fashion out of clothes he had torn off himself, (being now naked,) which was admired for its ingenuity. This he would put sometimes in one position and sometimes in another, and seemed to amuse himself with it, without taking the least notice of anything else; continuing in his old way hallooing, without any alteration, until the 13th, when the gaoler informed me that he refused to eat, and no doubt was sick. I went to see him every day—found he did not eat—all the bread and other provisions conveyed to him he gave to his effigy, strung on a string, and put in his hands. He lay perfectly still day and night, and took no notice of anything—would drink tea or milk, which I gave him twice a day for five days, he then refused to drink anything for two days, which made seven days that he ate nothing. In that time he began to speak—would ask questions, but would hold no conversation. But the most extraordinary, the most wonderful and mysterious of all, is that in this time he has prepared, undiscovered, and at once exhibited the most striking picture of genius, art, taste, and invention, that ever was, and I presume ever will be produced by any human being placed in his situation, in a dark room, chained and handcuffed, under sentence of death, without so much as a nail of any kind to work with but his hands, and naked. The exhibition is far beyond my power to describe. To give you some faint idea, permit me to say, that it consists of ten characters—men, women and children—all made and painted in the most expressive manner, with all the limbs and joints of the human frame—each performing different parts; their features, shape and form, all express their different offices and character, their dress is of different fashions, and suitable to the stations in which they are. To view them in their stations, they appear as perfect as though alive, with all the air and gaiety of actors on the stage. Smith sits in his bed by the side of the gaol, his exhibition begins about a foot from the floor, and compasses the whole space to the ceiling. The uppermost is a man whom he calls his tamborine player, or sometimes Dr. Blunt, standing with all the pride and appearance of a master musician; his left hand akimbo, his right hand on his tamborine, dressed in suitable uniform. Next him, below, is a lady genteely dressed, gracefully sitting in a handsome swing; at her left stands a man, neatly dressed, in the character of a servant, holding the side of the swing with his right, his left hand on his hip, in an easy posture, waiting the lady’s motion. On her right hand stands a man genteely dressed, in the character of a gallant, in a graceful posture for dancing. Beneath these three figures, sits a young man and a young woman (apparently about fourteen,) in a posture of tilting, at each end of a board, decently dressed. Directly under these stands one whom he calls Bonaparte, or sometimes the father of his family; he stands erect, his features are prominent, his cheeks red, his teeth are white and set in order, his gums and lips red, his nose shaded black, representing the nostrils; his dress is that of the harlequin. In one hand he holds an infant, with the other he plays or beats music; before him stand two children, apparently three or four years old, holding each other by the hand, in the act of playing or dancing, which, with a man dressed in fashion, who appears in the character of a steward, sometimes in one situation, and sometimes in another, makes up the show, all of which you have in one view. Then commences the performance.