enough to purchase the horse; that if he would let him have fifteen guineas he would leave the mare he then rode, in pledge, until he brought the horse; as he knew there was a vessel then ready going from Saint John to Cumberland, where the horse belonged-to which proposal Col. Daniels agreed; and gave him the money. Leaving the mare, he went to his lodg ings, about one mile out of town: but, before he returned the vessel had gone and left him, and having no other opportunity to go by water was obliged to set out on foot; and having a long distance to travel, and short time to perform it, was obliged to travel all night, and at day break was overtaken by a stranger, with a Jarge horse and a small mare, which he offered for sale; and being tired with walking, offered ten pounds for the mare, which he accepted -and they rode on together some time, when he began to find that the mare would not answer his purpose; that he had not money to purchase the horse he was going after-that he should not be able to sell the mare, and would thus lose his object and as the horse was a good looking one, which he might sell for the money again, he bantered the man for a swap, which he agreed to, and exchanged the horse, saddle and bridle, for the mare and 15 pounds to boot, which he paid him, and took a receipt for the money, which he produced, written in the following words:

"Received, July 20th, 1814, of Henry More Smith, fifteen pounds in swap of a horsey

between a small mare and a large bay horse, that I let him have, with a star, six or seven years old. James Churman.”

This receipt was written and signed in two distinct hand writings. He said that he then proceeded on his journey to Cumberland, and bargained for the horse, which, was the object of his pursuit; but not having money enough to pay for him, was obliged to sell the horse that he rode, and hearing that Col. Dixon of Truro wanted such a horse, proceeded there in great haste; and arriving at Truro, found Col. Dixon was gone to Pictou, forty miles farther, to attend court, which was to sit at that time; and he was obliged to proceed on with all speed-The next day being Sunday, was obliged to stay until Monday, before he could sell his horse; and was there overtaken by Mr. Knox, who had him apprehended and charged with stealing his horse; and taken before the Court there and being a stranger and no one to speak for him, they had taken all his money and his watch from him; and sent him back to King County Gaol, there to take his trial-and complained of being misused on his way by Mr. Knox. He shewed great anxiety about his situation, and to make enquiry after the man who sold him the horse, as he was convinced the horse was stolen, and that the thief would be out of the way unless he was taken soon; and then his case must be desperate, as he had neither money or friends, and knew nothing of the law himself.

B2

It so happened, the day following, that I had occasion to go to the city of Saint John, in company with Doctor Adino Paddock, sen. On our way had occasion to call at Mr. Nathaniel Golden's Tavern, at the French village in Hampton; and when placing our horses under his shed, I saw a man mount a horse in haste that stood at the steps of the door, and ride away toward Saint John with great speed, apparently as if in fear of being overtaken-and on enquiry who he was, we were told by Mrs. Golden, that he was a stranger who had called there once or twice before, and that she believed his name was Churman or Churnun-I replied to the Doctor, that was the name of the man that the prisoner Smith said had sold him the horse. Mrs. Golden said she could know by enquiring in the other room, which she did, and answered in the affirmative. We then made enquiries on the road as we travelled toward Saint John; but heard nothing more of the stranger by that name ever afterwards.

After my return from Saint John, I informed the prisoner, Smith, of the circumstance-he appeared extremely elated with the idea of having him taken, and said if he had money or friends, he could have him taken and brought to justice; and then be set at liberty-but if he made his escape out of the country, his own case must be miserable. He wished to apply to a lawyer for advice, and was advised to employ CHARLES I. PETERS, Esq. Attorney at St. John, and told that he need not fear, but if

there was any way to get him clear, that he would do it for him faithfully.

The first opportunity that offered, he wrote an order to Mr. Joseph Stackhouse at St. John, where he had lodged, for his portmanteau, and some articles left for sale, and if sold, to apply the money as a retainer to Mr. PETERS, his attorney. The return brought a genteel portmanteau and a pair of boots, leaving a small consideration in the hands of Mr. Peters, as a retainer, upon condition of his making up the remainder to the amount of five guineas before Court; with which he appeared perfectly satisfied, and said he must sell his clothes and other things out of his portmanteau, that he could spare, and make the money. He gave me his key, with which I opened his portmanteau, and found it well filled with clothes. I found two or three genteel coats, with vests and pantaloons of the first cloth and fashion, with silk stockings and gloves, a superfine over coat of the modern fashion, faced with black silk; a number of books, consisting of a neat pocket bible and prayer book, London Gazetteer, Ready Reckoner, and several other useful books for a traveller-he had also a night and day spy glass of the first kind, and a small magni. fying glass in a turtle shell case, and several other useful articles, without any thing suspicious, which induced us to think, at least, he had been fitted out by careful parents, and was possibly innocent of the charge. He soon comienced selling his clothes and other articles;

any person who wished to speak to him, was permitted to come to the wicket door, through which he disposed of his articles, as he said, out of necessity, to raise money to retain his lawyer and to purchase necessaries; and many purchased out of compassion for his situation-Among others, a young man, who said he knew him while at Saint John, came once or twice to visit him; and some of the glass being broken, he found it convenient to talk with him through the grates at the window; and the last time took away the night and day glass, as he said, for a debt he was owing him; but I suspect left an old watch in exchange.

The prisoner continued to complain of a bad cough, and pain from the ill usage which he said he received from Mr. Knox. He appeared to employ himself in reading his bible, and behaved himself with great decency and propriety.

On the 13th of August I received a letter from Mr. CHIPMAN, Clerk of the Circuit Court, directing that the prisoner be examined before two magistrates, and regularly committed.After proper notice, Judge PICKETT, Mr. Justice KETCHUM, and Mr. Knox, attended his examination, and the facts found were to the same effect as before related, upon which a regular commitment was made out. In the course of his examination he said his name was HENRY MORE SMITH-Being asked what occupation he had followed in this country? he answered, No one in particular. Mr. Knox hastily asked him