<h2>CHAPTER III.</h2>
<p>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.</p>
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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.</p>
<p>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.</p>
<p>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
<i>ghost</i> 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 <i>apparition</i> was passing
without <i>touching the ground</i>, 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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
<p>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.</p>
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