Robert Burke, of Campbelltown, constable, deposed to having apprehended Worrall. We may now give in full the evidence as to the search for Fisher's body on October 20, 1826.
Here let us first remark that Fisher's body was not easily found. A reward for its discovery was offered by Government on September 27, 1826, when Fisher had been dead for three months, and this may have stimulated all that was immortal of Fisher to perch on his own paddock-rail, and so draw attention to the position of his body.
But on this point we have no information, and we proceed to real evidence. From this it appears that though a reward was offered on September 27, the local magistrates (to whom the ghost-seer went, in the yarn) did not bid their constable make SPECIAL researches till October 20, apparently after the seer told his tale.
'George Leonard, a constable at Campbelltown, stated that by order of the bench of the magistrates he commenced a search for the body of the deceased on the 20th of October last: witness WENT TO A PLACE WHERE SOME BLOOD WAS SAID TO HAVE BEEN DISCOVERED, and saw traces of it on several rails of a fence at the corner of the deceased's paddock adjoining the fence of Mr. Bradbury, and about fifty rods from prisoner's house: witness proceeded to search with an iron rod over the ground, when two black natives came up and joined in the search till they came to a creek where one of them saw something on the water: a man named Gilbert, a black native, went into the water, and scumming some of the top with a leaf, which he afterwards tasted, called out that "there was the fat of a white man" [of which he was clearly an amateur]: they then proceeded to another creek about forty or fifty yards farther up, STILL LED BY
THE NATIVES, when one of them struck the rod into some marshy ground and called out that "there was something there:" a spade was immediately found, and the place dug, when the first thing that presented itself was the left hand of a man lying on his side, which witness, from a long acquaintance with him, immediately declared to be the hand of Frederick Fisher: the body was decayed a little, particularly the under-jaw: witness immediately informed Mr.
William Howe and the Rev. Mr. Reddall, and obtained a warrant to apprehend the parties who were supposed to be concerned in the murder; the coroner was sent for, and, the body being taken out of the earth the next morning, several fractures were found in the head: an inquest was held, and a verdict of wilful murder against some person or persons unknown was returned: witness particularly examined the fence: there appeared to have been a fire made under the lower rail, as if to burn out the mark: the blood seemed as if it were sprinkled over the rails. . . .
'The declaration of the prisoner' (Worrall) 'was put in and read: it stated that, on the evening of the 17th of June, a man named Lawrence got some money from the deceased, and together with four others went to a neighbouring public-house to drink: that after some time they returned, and the prisoner being then outside the house, and not seen by the others, he saw two of them enter, whilst the other two, one of whom was Lawrence, remained at the door: the prisoner then went down to the bottom of the yard, and after a little time heard a scuffle, and saw Lawrence and the others drag something along the yard, which they struck several times. The prisoner then came forward, and called out to know who it was. One of them replied, "It is a dog." The prisoner coming up said, "It is Fisher, and you have prevented him from crying out any more." They said they had murdered him in order to possess themselves of what money he had, and bound the prisoner by a solemn pledge not to reveal it.
'For the prisoner Nathaniel Boom deposed: he knew deceased, and intended to institute a prosecution against him for forgery when he disappeared.
'Chief-justice summed up: observed it was a case entirely of circumstances. The jury were first to consider if identity of body with Fisher was satisfactorily established. If not: no case. If so: they would then consider testimony as affecting prisoner.
Impossible, though wholly circumstantial, for evidence to be stronger. He offered no opinion, but left case to jury.
'The jury returned a verdict of guilty. Sentence of death passed.'
'February 6, 1827. Sydney Gazette.
'George Worrall, convicted on Friday last of murder of F. Fisher, yesterday suffered the last penalty of the law. Till about 5 o'clock on the morning of his execution, he persisted in asserting his innocence, when he was induced to confess to a gentleman who had sat up with him during the night, that he alone had perpetrated the murder, but positively affirmed it was not his intention at the time to do so.'
We need not follow Worrall's attempts to explain away the crime as an accident. He admitted that 'he had intended to hang Lawrence and Cole.'
It is a curious case. WHY WAS NOBODY INTERROGATED ABOUT THE DISCOVERY, ON THE RAIL, OF BLOOD THREE MONTHS OLD, if not four months? What was the apparent date of the fire under the rail? How did the ghost-story get into circulation, and reach Mr. Montgomery Martin (1835)?
To suggest a solution of these problems, we have a precisely analogous case in England.
On October 25, 1828, one William Edden, a market-gardener, did not come home at night. His wife rushed into the neighbouring village, announcing that she had seen her husband's ghost; that he had a hammer, or some such instrument, in his hand; that she knew he had been hammered to death on the road by a man whose name she gave, one Tyler. Her husband was found on the road, between Aylesbury and Thame, killed by blows of a blunt instrument, and the wife in vain repeatedly invited the man, Joseph Tyler, to come and see the corpse. Probably she believed that it would bleed in his presence, in accordance with the old superstition. All this the poor woman stated on oath at an inquiry before the magistrates, reported in the Buckinghamshire county paper of August 29, 1829.