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.
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.”