For my own part, I think it highly probable that the story of Fisher's Ghost was told before the magistrates, as in the Buckinghamshire case, and was suppressed in the trial at Sydney.
Worrall's condemnation is said to have excited popular discontent, as condemnations on purely circumstantial evidence usually do. That dissatisfaction would be increased if a ghost were publicly implicated in the matter, just as in the case of Davies's murder in 1749. We see how discreetly the wraith or ghost was kept out of the Buckinghamshire case at the trial, and we see why, in Worrall's affair, no questions were asked as to the discovery of sprinkled blood, not proved by analysis to be human, on the rail where Fisher's ghost was said to perch.
I had concluded my inquiry here, when I received a letter in which Mr. Rusden kindly referred me to his 'History of Australia' (vol. ii. pp. 44, 45). Mr. Rusden there gives a summary of the story, in agreement with that taken from the Sydney newspaper. He has 'corrected current rumours by comparison with the words of a trustworthy informant, a medical man, who lived long in the neighbourhood, and attended Farley [the man who saw Fisher's ghost] on his death-bed. He often conversed with Farley on the subject of the vision which scared him. . . . These facts are compiled from the notes of Chief-Justice Forbes, who presided at the trial, with the exception of the references to the apparition, which, although it led to the discovery of Fisher's body, could not be alluded to in a court of justice, or be adduced as evidence.'* There is no justice for ghosts.
*Thanks to the kindness of the Countess of Jersey, and the obliging researches of the Chief Justice of New South Wales, I have received a transcript of the judge's notes. They are correctly analysed by Mr. Rusden.
An Australian correspondent adds another example. Long after Fisher's case, this gentleman was himself present at a trial in Maitland, New South Wales. A servant-girl had dreamed that a missing man told her who had killed him, and where his body was concealed. She, being terrified, wanted to leave the house, but her mistress made her impart the story to the chief constable, a man known to my informant, who also knew, and names, the judge who tried the case. The constable excavated at the spot pointed out in the dream, unearthed the body, and arrested the criminal, who was found guilty, confessed, and was hanged. Not a word was allowed to be said in court about the dream. All the chief constable was permitted to say was, that 'from information received' he went to Hayes's farm, and so forth.
Here, then, are two parallels to Fisher's ghost, and very hard on psychical science it is that ghostly evidence should be deliberately burked through the prejudices of lawyers. Mr. Suttar, in his 'Australian Stories Retold' (Bathurst, 1887), remarks that the ghost is not a late mythical accretion in Fisher's story. 'I have the authority of a gentleman who was intimately connected with the gentleman who had the charge of the police when the murder was done, that Farley's story did suggest the search for the body in the creek.' But Mr. Suttar thinks that Farley invented the tale as an excuse for laying information. That might apply, as has been said, to Highland witnesses in 1753, but hardly to an Englishman in Australia. Besides, if Farley knew the facts, and had the ghost to cover the guilt of peaching, WHY DID HE NOT PEACH? He only pointed to a fence, and, but for the ingenious black Sherlock Holmes, the body would never have been found. What Farley did was not what a man would do who, knowing the facts of the crime, and lured by a reward of 20 pounds, wished to play the informer under cover of a ghost-story.
The case for the ghost, then, stands thus, in my opinion. Despite the silence preserved at the trial, Farley's ghost-story was really told before the discovery of Fisher's body, and led to the finding of the body. Despite Mr. Suttar's theory (of information laid under shelter of a ghost-story), Farley really had experienced an hallucination. Mr. Rusden, who knew his doctor, speaks of his fright, and, according to the version of 1836, he was terrified into an illness. Now, the hallucination indicated the exact spot where Fisher was stricken down, and left traces of his blood, which no evidence shows to have been previously noticed. Was it, then, a fortuitous coincidence that Farley should be casually hallucinated exactly at the one spot--the rail in the fence--where Fisher had been knocked on the head? That is the question, and the state of the odds may be reckoned by the mathematician.
As to the Australian servant-girl's dream about the place where another murdered body lay, and the dreams which led to the discovery of the Red Barn and Assynt murders, and (May 1903) to the finding of the corpse of a drowned girl at Shanklin, all these may be mere guesses by the sleeping self, which is very clever at discovering lost objects.