Henry More Smith: The Mysterious StrangerBates, Walter
History
Henry More Smith: The Mysterious Stranger
Bates, Walter
Criminals -- Canada -- Biography; Smith, Henry More, active 1812-1836
The 4th of May, the day appointed for his trial, being now come, the
Court began to assemble early in the morning, and numerous spectators
crowded from every part of the county. About 11 o’clock his Honor Judge
Saunders, and the Attorney General arrived from Fredericton. About 1
o’clock the whole Court moved in procession to the Court House, which
was unusually crowded with spectators. After the opening of the Court in
the usual form, the prisoner was called to the bar. The gaoler and four
constables brought him and placed him in the criminal’s box. He made no
resistance, nor took any notice of the Court, and, as usual, acted the
fool or the madman, snapping his fingers and patting his hands; he hem’d
and ha’d, took off his shoes and socks, tore his shirt. Every eye was
fixed on him with wonder and astonishment. After the Attorney General
had read his indictment, the Judge asked him how he pleaded to that
indictment, guilty or not guilty. He stood heedless and silent, without
regarding what was said to him. The Judge then remonstrated with him,
and warned him that if he stood mute out of obstinacy, his trial would
go on, and he would be deprived of the opportunity of putting himself on
his country for defence; and that sentence would be given against him;
he therefore advised him to plead not guilty. He still continued mute,
and acting the fool without betraying the slightest emotion. The Judge
then directed the Sheriff to empannel a jury of twelve men, to enquire
whether the prisoner at the bar stood mute wilfully and obstinately, or
by the visitation of God. From the evidence brought before the jury on
this enquiry, it appeared that he had been in the same state for three
months preceding, during which time he could not be surprised into the
utterance of one word. The jury consequently returned their verdict that
the prisoner stood mute by the visitation of God.
The Judge then directed the Attorney General to enter the plea of not
guilty; and Counsel for the prisoner was admitted. The Court then
adjourned till ten o’clock the next morning. The next morning, Friday,
the Court assembled accordingly, and the prisoner was again brought to
the bar, and placed in the criminal’s box as before. He sat down
quietly, maintained his usual silence and inattention. The most profound
silence reigned in the Court, which was still crowded with spectators,
and every eye was fixed on the prisoner with the most eager attention.
The Judge then arose, and observed that the prisoner appeared more calm
this morning, and directed the Attorney General to proceed with the
trial.
Public-domain text, read in full here on John Shaqi.
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