This scheme, so deeply laid, and so well concerted, failed, however, of execution, and proved the means of his future apprehension. Already in possession of saddle and bridle, he spent most of the night in fruitless efforts to take the mare, which was running at large in the pasture. Abandoning this part of his plan as hopeless, and turning his horse-stealing genius in another direction, he recollected to have seen a fine horse feeding in a field near the highway as he passed through the Parish of Norton, about thirty miles on, on his journey. Upon this fresh scheme, he set off on foot, with the bridle and saddle in the form of a pack on his back, passing along all the succeeding day in the character of a pedlar. Night came on, and put him in possession of a fine black horse, which he mounted and rode on in prosecution of his design, which he looked upon now as already accomplished. But with all the certainty of success, his object proved a failure, and that through means which all his vigilance could neither foresee nor prevent. From the want of sleep the preceding night, and the fatigue of travelling in the day, he became drowsy and exhausted, and stopped in a barn belonging to William Fairweather, at the bridge that crosses the Millstream, to take a short sleep, and start again in the night, so as to pass the village before daylight. But, as fate would have it, he overslept; and his horse was discovered on the barn floor in the morning, and he was seen crossing the bridge by daylight. Had he succeeded in crossing in the night, he would in all probability have carried out his design; for it was not till the afternoon of the same day, that Mr. Knox the owner of the horse, missed him from the pasture. Pursuit was immediately made in quest of the horse, and the circumstance of the robber having put him up at the barn proved the means of restoring the horse to his owner, and committing the robber to custody; for there, at Mr. Fairweather’s, information was given which directed the pursuit in the direct track. Mr. Knox, through means of obtaining fresh horses on the way, pursued him, without loss of time, through the Province of Nova Scotia, as far as Pictou, a distance of one hundred and seventy miles, which the thief had performed with the stolen horse in the space of three days. There, on the 24th July, the horse having been stolen on the 20th, Mr. Knox had him apprehended by the Deputy Sheriff, John Parsons, Esq., and taken before the County Justices in Court then sitting. Besides the horse, there were a watch and fifteen guineas found with the prisoner; and a warrant was issued by the Court for his conveyance through the several Counties to the gaol of Kings County, Province of New Brunswick, there to take his trial. Mr. Knox states that he, the prisoner, assumed different names, and committed several robberies by the way; that a watch and a piece of Indian cotton were found with him and returned to the owners; that on the way to Kingston gaol he made several attempts to escape from the Sheriff, and that but for his own vigilance he never would have been able to reach the prison with hint, observing at the same time, that unless he were well taken care of and secured, he would certainly make his escape. He was received into prison for examination on the warrant of conveyance without a regular commitment.
CHAPTER II.
Examination Before Justice Pickett and Ketchum and Commitment for Trial —Would not Join the 112th Regiment to Secure Freedom—Before the Trial Smith was Attacked by a Strange Disease which Baffled Physicians—Supposed to be Dying He Escapes from the Gaol.
The prisoner had rode all day in the rain, and having had no opportunity of changing his clothes, which by this time had become very wet, it was thought necessary, lest he should sustain injury, to put him into the debtors’ room, handcuffed, where he could have all opportunity of warming and drying himself at the fire; the stove having been out of repair in the criminal’s room. The day following he was removed into the criminal’s room, where irons were considered unnecessary; and, as he appeared quite peaceable, his handcuffs were taken off, and being furnished with a comfortable berth, he seemed reconciled to his situation.
On the 13th of August I received the following letter from the Clerk of the Circuit Court:
Dear Sir,—Mr. Knox has left with me the examination, etc., relating to More Smith, the horse-stealer, now in your gaol; these are all taken in the Province of Nova Scotia, before Magistrates there, and I would recommend that he be brought up before the Magistrates in your County and examined and the examination committed to writing. I do not know under what warrant he is in your custody; but I think it would be as well for the same Magistrates to make out a Mitimus after the examination, as it would be more according to form.
I remain, dear sir, yours,
Ward Chipman.