'VAQvaaiiav 
 
 :^ I ii si: v: 
 
 # 
 
 % 
 
 
 
 
 
 'AllFO%. 
 
 Ta^ 
 
 III 
 
 
 \WEUNIVER%. 
 
 #
 
 
 ''-& 
 
 L»* •••"•• 
 
 ^JJUDNVSOl'^ "^IQAINIl-aVS^ ^OJmOJO'^ %0JI1\ 
 ^5!AEUNIVER% j^lDSAHCOar^ ^OFCAUFOR^ ^OFCAl 
 
 <riia3Nvsoi^ 
 
 %a3AiNn-3ftV^ 
 
 
 ^•UBRARYQ^, 
 
 ^OFCAllF0ff,(v 
 
 ■^£>Awaani^ 
 
 ^O^CAUF0%, 
 
 ^■mwj;^ 
 
 ^lOSAJ 
 
 ^^rajnvDjo^ ^JJuoNvsoi'^ 
 
 4WUNIVIR% 
 
 I 
 
 <Ql33NVS(n'^ 
 
 %a3Aii 
 
 %a3Mi 
 
 «^^W!•UNIVERS/^ 
 
 
 ^i^janvsoi^ 
 
 %a3AiNn-3Vi^ 
 
 ^^\tf•UNIVER% 
 
 
 <rii30NVS01^ %a3AINn-3ftV 
 -^lUBRARYO*'^ ^lllBRARYOc. 
 
 §^1 ir^4 ^ 1 ir-"^ 
 
 
 
 
 :0FCA1 
 
 ^. 
 
 y(?Aavaan# 
 
 ^5S^EUNIVER% 
 
 ^^Aavn 
 
 ^lOSAN
 
 AUSTRALIAN BUSHRANGING
 
 History of Australian Bushranging 
 
 By CHARLES WHITE 
 
 In 4 parts, picture covers, illustrated, is. each, 
 or 2 vols., cloth gilt, js. 6d. each 
 
 CONTENTS 
 
 THE EARLY DAYS.— Howe, Brady, Britton, Cash, 
 Kavanagh, Jones, Donohoe, Underwood, Webber, 
 Sullivan, The Insukrection at Bathurst, 
 Armstrong, Chamberlain, Dignum, Comerford, 
 McKewin, Davis, " Scotchev," Witton, Williams, 
 Flanagan, Day, etc. 
 
 1850-1862. — Gardiner, Piesley, Gilbert, O'Meally, 
 McGuiNNESS, Fordyce, Bow, Manns, Alexander 
 Ross, Charles Ross, O'Connor. 
 
 1863-1865. — Ben Hall, Dunn, Lowry, The Mudgee Mail 
 Robbery, Heather, Daniel Morgan, "Thunder- 
 bolt," The Clarkes, etc. 
 
 1869-1878. — " Moonlight," " Midnight," Power, The 
 Kellys.
 
 HISTORY 
 
 Australian Bushranging 
 
 CHARLES WHITE 
 
 Avthor of " Convict Life in New South Wales and Von Diemen's 
 Land " atid " The Story of the Bracks " 
 
 VOL. I 
 
 THE EARLY DAYS TO 1862 
 
 ■ SYDNEY 
 ANGUS AND ROBEETSON 
 London : The Australian Book Company 
 
 38 WEST SMITHFIKLI), E.C. 
 1900
 
 ^BblUg : 
 
 W. C. Penfold & Co., Printers, 
 
 183 Pitt Street
 
 CONTENTS 
 
 Chapter I — Historical Sketch 
 
 Chapter II — Tasmanian Gangs — 
 
 Michael Howe and His Gang 
 Brady's Gang ... 
 Britton's Gang 
 
 Chapter III — Tasmanian Gangs (contmued) — 
 Cash, Kavanagh and Jones ... 
 
 Chapter IV — The Early Days in New South Wai 
 Donohoe, Underwood and Webber 
 Trapping Harbourers 
 Some Australian " Men in Buckram " 
 A Bold Robbery and a Smart Capture 
 Sullivan's Gang 
 
 The Mounted Police and their Duties 
 The Insurrection at Bathurst 
 The Bushranger's Act and Its Consequences 
 The Troubles of Early Emigrants ... 
 
 Chapter V — The Last ok the Convicts — 
 "Sticking-up" of a Judge ... 
 A Smart Capture 
 The Omeo Murder 
 Dignum and His Gang 
 The Robber of the Caves 
 The Jew-Boy's Gang ... 
 " Scotchey," Witton & Co. ... 
 Williams and Flanagan 
 The Blacksmith Bushranger 
 
 Chapter VI — Gardiner and Piesley 
 Chapter VII — The Eugovvra Escort Robbery 
 Chapter VIII — The Last of Gardiner 
 Chapter IX — The Caloola Robbers... 
 
 page 
 I 
 
 . 28 
 . 40 
 
 • 53 
 
 • 59 
 
 es — 
 
 • 98 
 109 
 
 ■ 115 
 
 • "7 
 121 
 
 . 128 
 
 • 135 
 
 • 143 
 
 • 145 
 
 • 151 
 
 • 153 
 
 • 155 
 162 
 170 
 
 • 174 
 
 • 177 
 . 188 
 
 192 
 
 ,. 203 
 
 • 234 
 .. 292 
 
 ■ • 347 
 
 0,r\r^<rfir'<r\
 
 ILLUSTRATIONS 
 
 PAGE 
 
 Tasmanian Black Gin ... ... ... ... ... 4 
 
 Sarah Island, Macquarie Harbour, Tasmania ... ... 9 
 
 Ticket of Leave ... ... ... ... ... ... 24 
 
 Frenchman's Cap ... ... ... ... ... ... 35 
 
 Port Arthur ... ... 45 
 
 Martin Cash ... ... ... ... ... ... ... 61 
 
 Eagle Hawk Neck ... ... ... ... ... ... 71 
 
 Reward Notice re Cash, Kavanagh and Jones ... ... 79 
 
 Early View of Hobart Town ... ... ... ... 85 
 
 Hobart Town Gaol and Chain Gang ... ... ... 93 
 
 Ticket of Leave Passport ... ... ... ... ... 100 
 
 Pass ... ... ... ... ... ... ... ... 106 
 
 Prisoner's Remove Warrant (Special) ... ... ... 123 
 
 Judge Therry ... ... ... ... ... ... ... 134 
 
 W. H. Suttor 137 
 
 Father Therry ... ... ... ... ... ... ... 141 
 
 Pass ... ... ... ... ... ... ... ... 148 
 
 Skull of a Bushranger Shot in Victoria ... ... ... 167 
 
 The Bushranger's Cave ... ... ... ... ... 171 
 
 Head of Williams, from a Plaster Cast ... ... ... 189 
 
 Hon. L. H. Bayley ... ... ... ... ... ... 194 
 
 Captain Battye ... ... ... ... ... ... 199 
 
 Frank Gardiner ... ... ... ... ... ... 211 
 
 Eugowra Rocks ... ... ... ... ... ... 241 
 
 Gold-Commissioner Grenfell ... ... ... ... ... 247 
 
 A " Bush Telegraph "... ... ... ... ... ... 253 
 
 Sir Frederick Pottinger ... ... ... ... ... 259 
 
 Senior-Sergeant Sanderson ... ... ... ... ... 265 
 
 The Weddin Mountains ... ... ... ... ... 281
 
 Johnny Gilbert ... 
 
 The Capture of Gardiner 
 
 Mr. justice Wise 
 
 Trial of Gardiner at Darlinghurst 
 
 William Bede Dalley 
 
 Sir Henry Parkes 
 
 Mr. Hargrave, Attorney-General 
 
 Gardiner Out of Gaol Again ... 
 
 Sir Alfred Stephen 
 
 Richard Driver 
 
 William Forster 
 
 Sir Hercules Robinson 
 
 Gardiner's Mat ... 
 
 Bird's-eye View of Darlinghurst Gaol 
 
 PAGE 
 
 293 
 305 
 311 
 313 
 317 
 317 
 321 
 
 323 
 327 
 329 
 329 
 339 
 344 
 379 
 
 MAPS 
 
 County of Cumberland 
 
 Tasmania 
 
 Port Arthur and the Two Necks ... 
 
 Western and Southern Districts of New South Wale- 
 
 P.\GE 
 
 •7 
 
 31 
 
 65 
 
 225
 
 CHAPTER 1. 
 
 HISTORICAL SKETCH. 
 
 The early history of bushranging in Australia will 
 never be written, for the facts have never been re- 
 corded. Limited though the colony was in extent, its 
 literature — even its journalism — was still more 
 limited. Moreover, the first men who "took the bush" 
 were neither important nor interesting enough to ob- 
 tain more than a passing mention in those Governors' 
 despatches which are our chief authorities for early 
 colonial history. Owing to the stringent military rule 
 during the first years of convict settlement, the un- 
 known character of the country, and the absence of 
 prey in the shape of men with money or other posses- 
 sions (the aborigines being the only occupants of the 
 soil outside the properly formed settlements), those 
 who were called bushrangers then were simply men 
 who had broken away from their gangs in the hope of 
 escaping from the torture of labour under Govern- 
 ment. The name has been made to carry a very dififer- 
 ent meaning since then, being applied to men who, 
 some from choice and some from necessity, ranged 
 the bush as freebooters, "sticking-up" settlers and 
 travellers and demanding in orthodox style "your 
 money or your life." 
 
 In 1796 Governor Hunter mentioned in dc-
 
 2 AUSTRALIAN BUSHRANGING. 
 
 spatches "a gang or two of banditti who have armed 
 themselves, and infest the country all round, commit- 
 ting robberies upon defenceless people, and frequently 
 joining the natives for that purpose." On August 24, 
 1806, the "Sydney Gazette" mentions one "Murphy the 
 bushranger" as having been caught, and then, through 
 carelessness, let go again. But scarcely anything is 
 known of the hundreds of unfortunate men who slipped 
 away into the inhospitable wilds that then surrounded 
 the penal settlement on every hand, kept themselves 
 alive for some time by raids upon the outlying farms 
 or by companying with the blacks, and in the end died 
 ofif in such numbers that an early explorer declared he 
 had counted on one trip fifty skeletons. 
 
 In Van Diemen's Land — for many years a recept- 
 acle for the worst class of convicts, who had added to 
 their original ofifence a record for new crimes in Aus- 
 tralia — the escaped convict was a more virulent evil, 
 and his doings smacked of a brutal thirst for ven- 
 geance, not only on his former gaolers, but on all, 
 white and black alike, who were less fiendish than 
 himself. The early necessities of the settlement, which 
 compelled the authorities to relax their rule and allow 
 many of the convicts to hunt for sustenance, favoured^ 
 the after-growth of small bands of "looters," who 
 made raids upon the settlers in the bush, and even 
 upon the inhabitants of the principal townships. These 
 banditti had so increased by 1814 that Colonel Davey, 
 the second Lieutenant-Governor of Van Diemen's 
 Land, declared the whole colony under martial law, in 
 hopes of checking their ravages, and punished by 
 flogging all persons, free as well as bond, who left their 
 houses by night.
 
 HISTORICAL SKETCH. 3 
 
 Dr. West gives a list of place names then current 
 which denoted the character or tastes of their early 
 visitors and heroes : — Murderer's Plains, Killman 
 Point, Hell Corner, Four Square Gallows, Murderers' 
 Tiers, Dunn's Look-out, and Lemon's Lagoon. 
 
 A desire for freedom no doubt excited the con- 
 victs in the first instance to break from control and take 
 to the bush, and the pangs of hunger led them to plun- 
 der ; but they soon assumed a boldness and lawlessness 
 that fairly intimidated the Government. Towards the 
 close of 1813 the colony was reduced to the greatest 
 distress by their raids; and Governor Macquarie, in 
 despair, offered to pardon all who surrendered within 
 six months, provided they had not committed murder 
 — an offer which was taken advantage of by many 
 who resumed their occupation shortly afterwards. 
 Among the worst of these was Michael Howe, whose 
 story — as a typical one — is told at greater length later 
 in these pages. Lemon, another of them, who par- 
 ticularly affected the neighbourhood of Oatlands, has 
 been described for us (with a comrade) in words that 
 may picture his class : "Two savage-looking fellows 
 emerged one from each side of the path. They were 
 dressed in kangaroo-skins, with sandals of the same on 
 their feet, and knapsacks on their backs ; each carried 
 a musket, and one had a brace of pistols stuck in his 
 girdle." The author from whom I quote — Mr. Parker, 
 a barrister of those days — goes on a little later to de- 
 scribe the bushrangers' hut, in a dense forest only 
 thirty-six miles from Hobart. "The hut was con- 
 structed of turf, low and uncomfortable in the extreme, 
 covered with sheets of bark stripped from the forest 
 trees. The fireplace, also of turf, lined with stones at
 
 AUSTRALIAN BUSHRANGING. 
 
 the bottom, was at one end of the hut, and within it a 
 huge fire soon burned." 
 
 Lemon and his mate were at last tracked to this 
 hut : Lemon was shot, and the companion was forced 
 
 
 
 TASMAN'IAN BLACK GIN. 
 
 to cut off his head, place it in a bag, and march with it 
 to Hobart between his two captors. But punishment 
 of this kind, brutal as it may seem, was courtesy com- 
 ■pared to the deeds of the bushrangers themselves. 
 Dunne, one of Brady's gang (whose depredations are 
 narrated in another chapter) was loathed even bv some
 
 HISTORICAL SKETCH. 5 
 
 of his mates. One case will serve to show the villain's 
 cruelty. When out in the bush he sought to get hold 
 of a rather good-looking black gin, who was living 
 with her husband, but the blackfellow naturally ob- 
 jected. With scant ceremony Dunne put a rifle bullet 
 through the objector's breast. The poor gin, heart- 
 broken at the death of her husband, refused to leave 
 the mutilated body ; but with devilish brutality Dunne 
 cut off the blackfellow's head, drilled a hole through 
 it, and suspended it by a string round the neck of the 
 outraged wife. Drawing his knife he drove her on- 
 ward at its point to his bush retreat — the den, indeed, 
 of a tiger. 
 
 A similar story is told of Jefifries, known as "The 
 Monster" : but his victim was a white woman, whose 
 baby was but newly born — and in rage, because she 
 did not walk fast enough, he dashed the child's brains 
 out against a tree. 
 
 Yet even men of this stdtep found sympathizers. 
 When Dunne was hanged his admirers presented him 
 with an elegant cedar cofiEin, and a hundred of them 
 followed it to the grave. For the bushranger, as says 
 James Bonwick, "was, in general, looked upon as a 
 sort of martyr to convictism. It was he who had ex- 
 perienced the shame, the lash, the brutal taunt, from 
 which they had suffered. It was he who rose against 
 the tyranny of their prison despot, and the dread con- 
 sequences of their criminal law. He was the bold 
 Robin Hood of their morning songs, and he was now 
 the unfortunate victim of legal oppression, the cap- 
 tured of the chase. Without denying the atrocities of 
 his career, they would discover many extenuations for 
 his crimes. His reckless daring would be the noblest
 
 6 AUSTRALIAN BUSHRANGING. 
 
 chivalry; and the jovial freedom of his manners, the 
 frankest generosity. His immoral jests would be 
 cherished for posterity, and the eclat of his life and 
 death would stimulate the worthy ambition of sympa- 
 thizing souls. The very gallows had a charm." 
 
 There was, of course, another side to the question. 
 Convict life was hard at best, and was often made al- 
 most unbearable by the petty cruelties of the prison 
 official or the station overseer. It is worth while, by 
 way of representing this other side, to reprint here a 
 narrative which appeared in one of the leading London 
 journals of 1845, ^""^ was then vouched for by the 
 writers as correct in every detail. 
 
 In crossing the country one day, and at a distance from 
 any habitation, Mr. Thornley, a settler, to his surprise and 
 fear beheld at a short distance approaching him a noted 
 bushranger, known by the name of "The Gipsy," who had 
 latterly, with a band of associates, become the dread of the 
 colony. He was a tall, well-made man, one apparently above 
 the ordinary character of convicts, and whom it was dis- 
 tressing to see in such a situation. The parties approached 
 each other with mutual distrust. Thornley knew he had a 
 desperate character to deal with, and pointed his gun at him, 
 but the bushranger seemed desirous of a parley, and after a 
 few words, says the writer, he laid his gun quietly on the 
 grass and then passed round me, and sat down at a few yards 
 distance, so that I was between him and his weapon. "Well, 
 Mr. Thornley," said he, "will that do? You see I am now 
 unarmed. I don't ask you to do the same, because I cannot 
 expect you to trust to me, but the truth is, I want to have a 
 little talk with you. I have something on my mind which 
 weighs heavy on me, and whom to speak to I do not know. 
 I know your character, and that you have never been hard on 
 your Government men, as some are. At any rate, speak to 
 some one I must. Are you inclined to listen to me?" 
 
 I was exceedingly moved at this unexpected appeal to 
 me at such a time and in such a place. There was no sound, 
 and no object save ourselves, to disturb the vast solitude of 
 the wilderness. Below us flowed the Clyde, beneath an 
 abrupt precipice; around were undulating hills, almost bare 
 of trees; in the distance towered the snowy mountain which 
 formed the boundary to the landscape. I looked at my
 
 HISTORICAL SKETCH. 7 
 
 companion doubtfully, for I had heard so many stories of the 
 treachery of the bushrangers that I feared for a moment that 
 this acting might only be a trick to throw me ofi my guard. 
 •Besides, this was the very man whom I knew to have been at 
 the head of the party of bushrangers who had been captured 
 at the Great Lake. 
 
 He observed the doubt and hesitation which were ex- 
 pressed in my looks, and pointed to his gun, which was on 
 the other side of me. 
 
 "What more can I do," said he, "to convince you that I 
 meditate neither violence nor treachery against you? In- 
 deed, when you know my purpose, you will see that they 
 would defeat my own object." 
 
 "What is your purpose, then? Tell me at once — are you 
 one of the late party of bushrangers who have done such 
 mischief in the island?" 
 
 "I am; and more than that, I am — or rather was — their 
 leader. I planned the escape from Macquarie Harbour, and 
 it was I who kept them together, and made them understand 
 strength, and how to use it. But that's nothing now. I do 
 not want to talk to you about that. But I tell you who and 
 what I am, that you may see I have no disguise with you, 
 because I have a great favour — a very great favour — to ask 
 of you, and if I can obtain it from you on no other terms, I 
 am almost inclined to say, take me to camp as your prisoner, 
 and let the capture of the Gipsy — ah! I see you know that 
 name, and the terror it has given to the merciless wretches 
 who pursue me— I say, let the capture of the Gipsy, and his 
 death, if you will (for it must come to that at last) be the 
 price of the favour that I have to beg of you!" 
 
 "Speak on, my man," I said; "you have done some ill 
 deeds, but this is not the time to taunt you with them. What 
 do you want of me? If it is anything that an honest man 
 can do, I promise you beforehand that I will do it." 
 
 "You will! but you do not know it yet. Now listen to 
 me. Perhaps you do not know that I have been in the colony 
 ten years. I was a lifer. It's bad that; better hang a man at 
 once than punish him for life. There ought to be a prospect 
 and an end to suffering; then a man can look forward to 
 something; he would have hope left. But never mind that. 
 I only speak of it because I believe it was the feeling of de- 
 spair that first led me wrong, and drove me from bad to 
 worse. Shortly after my landing I was assigned to a very 
 good master. There were not many settlers then, and we 
 did not know so much of the country as we do now. As I 
 was handy in many things, and able to earn money, I soon 
 got my liberty on the old condition; that is, of paying so 
 much a week to my master. That trick is not played no\Y.
 
 8 AUSTRALIAN BUSHRANGING. 
 
 but it was then, and by some of the big ones too. However, 
 all I cared for was my liberty, and was glad enough to get 
 that for seven shillings a week. But still I was a Government 
 prisoner, and that galled me; for I knew I was liable to lose 
 my license at the caprice of my master, and to be called into 
 Government employ. Besides, I got acquainted with a young 
 woman, and married her, and then I felt the bitterness of 
 slavery worse than ever; for I was attached to her sincerely, 
 and I could not contemxplate the chance of parting from her 
 without pain. So about three years after I had been in this 
 way, I made an attempt to escape with her in a vessel that 
 was sailing for England. It was a mad scheme, I know, but 
 what will not a man risk for his liberty?" 
 
 "What led you to think of going back to England? 
 What were you sent out here for?" 
 
 "I have no reason to care for hiding the truth. I was 
 one of a gang of poachers in Herefordshire, and on a certain 
 night we were surprised by the keepers, and somehow, I 
 don't know how, we came to blows; and the long and the 
 short of it is, one of the keepers was killed; and there's the 
 truth of it." 
 
 "And you were tried for the murder?" 
 
 "I and two others were; and one was hanged, and I and 
 my mate were transported for life." 
 
 "Well, the less that's said about that the better; now go 
 on with your story, but let me know what it is you would 
 have me do for you." 
 
 "I'll come to that presently, but I must tell you some- 
 thing about my story, or you will not understand me. I was 
 discovered in the vessel, concealed among the casks, by the 
 searching party, and brought on shore with my wife; and 
 you know, I suppose, that the punishment is death. But 
 Colonel Davey — he was Governor then — let me off, but I was 
 condemned to work in chains in Government employ. This 
 was a horrid life, and I determined not to stand it. There 
 were one or two others in the chain gang all ready for a start 
 into the bush, if they had any one to plan for them. I was 
 always a good one at head work, and it was not long before I 
 contrived one night to get rid of our fetters. There were 
 three others besides myself. We got on top of the wall very 
 cleverly, and first one dropped down (it was as dark as pitch, 
 and wc could not see what became of him), then another 
 dropped, and then the third. Not a word was spoken. I 
 was the last, and glad enough was I when I felt myself sliding 
 down the rope outside the yard. But I had to grin on the 
 other side of my mouth when I came to the bottom. One of 
 the sneaks whom I had trusted had betrayed us, and I found 
 myself in the arms of two constables, who grasped me tightly.
 
 HISTORICAL SKETCH. ii 
 
 I gave one of them a sickener, and could have easily man- 
 aged the other, but he gave the alarm, and then lots of others 
 sprang up, and lights and soldiers appeared. I was over- 
 powered by so many. They bound my arms, and then I was 
 tried for the attempt to escape and the assault on the con- 
 stable, and condemned to Macquarie Harbour for life. 
 
 "I have not told you that my wife brought me a child. 
 It is now seven years old. I loved that child, Mr. Thornley, 
 more than a person usually loves his child. It was all in all 
 to me. It was the only bright thing I had to look upon. 
 When I was sentenced to Macquarie Harbour for life, it would 
 have been a mercy to put me to death. I should have put 
 myself to death, if it had not been for the thought of that 
 little girl. Well, sir, I will not say more about that. When 
 a man takes to the bush, and has done what I have done, he 
 is thought to be a monster without feeling or affection. But 
 people don't understand us. There is no man, sir, depend 
 upon it, so bad that he has not some good in him, and I 
 have some experience; for I have seen the worst of us — the 
 very worst — in the most horrible of all conditions — for that 
 Macquarie Harbour is a real hell upon earth! There is no 
 time to tell you about the hardships which the prisoners 
 sufTer in that horrible place — it soon kills them. But my 
 greatest misery was being deprived of my little girl — my 
 plaything — my darling — my life! I had not been at Mac- 
 quarie Harbour a month before news came that my wife was 
 dead. I'll tell you the truth, sir; attached to her as I was, I 
 was rather glad than sorry for it. I could not bear the 
 thought of her falling into anybody else's hands, and as our 
 separation was now absolutely and hopelessly for ever — it is 
 the truth — I was rather glad than sorry when I heard of her 
 death. But my poor little child! I thought of her night and 
 day, wondering and thinking what would become of her! I 
 could think of nothing else. At last my thoughts began to 
 turn to the possibility of escaping from Macquarie Harbour, 
 desperate as the attempt appeared; for, to cross the bush 
 without arms, and without provisions, exposed to the attacks 
 of the natives, seemed all but an impossibility. But almost 
 anything may be done by resolution and patience, and watch- 
 ing your opportunity." 
 
 [The escape having been effected.] "We scrambled 
 away as well as we could, till we got a little distance off, and 
 out of hearing, and then we set to with a will, and rid our- 
 selves of our fetters, all except three, and these were too 
 tightly fitted to be got off on a sudden without better tools. 
 We got the three chained men along with us, however, as 
 well as we could, for we would not leave them, so we helped 
 them on by turns, and the next day, when we were more
 
 t'2 AUSTRALIAN BUSHRANGING 
 
 easy, we contrived to rid them of their encumbrances. We 
 hastened on all night. I ought to tell you that we heard the 
 bell rung and the alarm given, but we had gained an hour 
 good, and the ungagging of the sentinels and the overseers, 
 and hearing their story, took up some time no doubt. Be- 
 sides, it is not easy to hit on a track in the dusk, and as there 
 were 14 of us, armed with two muskets, our pursuers would 
 not proceed as briskly as they otherwise might, and would 
 not scatter themselves to look after us. We were without 
 provisions, but we did not care about that, and not being 
 used to long walks, we were soon knocked up. But the de- 
 sire of liberty kept us up, and we struck right across the 
 country in as straight a line as we could guess. The second 
 day we were all very sick and faint, and the night before was 
 very cold, and we were cramped and unfit to travel. The 
 second night we all crept into a cave, which was sandy in- 
 side, where we lay pretty warm, but we were ravenously 
 hungry. We might have shot more than one kangaroo that 
 day, but it v/as agreed that we should not fire, lest the report 
 of our gun should betray our resting place to our pursuers. 
 As we lay huddled together, we heard the opossums squealing 
 in the trees about, and two of us, who were least tired, tried 
 to get some of them. When we climbed up the trees, they 
 sprang away like squirrels, and we had no chance with them 
 that way; besides, it was dark, and we could distinguish 
 them only faintly and obscurely. We did contrive, how- 
 ever, to kill five by pelting them on a long overhanging 
 bough, but they remained suspended by their tails, and did 
 not drop, although dead. To hungry men a dead opossum 
 is something! so one of us contrived to climb to them and 
 get them down; and then we lighted a fire in the cave, quite 
 at the extremity inside, to prevent the flame from being 
 seen, and roasted them as the natives do. They were horrid 
 rank things to eat, and almost made us sick, hungry as we 
 were; but I don't think a hair of them was left among us. 
 The next day we shot a kangaroo, but we feared to lighf a 
 fire because of the smoke, so we ate it raw. 
 
 "We first stuck on the outskirts of New Norfolk, and 
 we debated what we should do. Some were for attacking 
 the settlement, and getting arms, but I persuaded them that 
 it would be better for us to endeavour to seize some small 
 vessel, and escape altogether from the colony, and in the 
 meantime to keep ourselves close, and not to give any alarm. 
 My companions agreed to this, and we struck across the 
 country to Brighton Plains, and so to Pitt Water, where we 
 expected to find some large boats, or perhaps some small 
 vessel, by means of which we might get away." 
 
 "And how is it that you did not follow that plan?"
 
 HISTORICAL SKETCH. 13 
 
 "We did follow it, we got to Pitt Water, and lay snug 
 there for a while, but we were obliged to rob a settler's house 
 of provisions for food, and that first gave the alarm. We 
 made a dash at a boat, but it was too late; precautions had 
 been taken, and the soldiers were out after us. We were 
 then obliged to retreat from Pitt Water, intending to get 
 into the neighbourhood of the lakes, and go further west- 
 ward if necessary, and retreat to the coast, where we judged 
 we should be too far off to be molested." 
 
 "You did a great deal of mischief before you left it, if all 
 the stories are true?" 
 
 "We did, Mr. Thornley, I own it, but my men were de- 
 termined to have arms, and the settlers of course resisted, and 
 some of my men got wounded, and that made them savage." 
 
 "And afterwards you attacked poor Moss's cottage?" 
 
 "My men had been told that he had a large sum in dol- 
 lars at his hut — I am surprised that settlers can be so foolish 
 as to take valuables into the bush — that was all they wanted." 
 
 "But why did you take poor Moss along with you?" 
 
 "I was obliged to do it to save his life. Some of my 
 men would have knocked him on the head, if I had not pre- 
 vented them. It is true, Mr. Thornley, it is indeed — I saved 
 his life." 
 
 "Well, that's something in your favour. And now, as 
 the sun is sinking fast, and as the dusk will come on us pre- 
 sently, tell me at once what you would have me do for you." 
 
 "Mr. Thornley," said the bushranger, "I have told you of 
 my little girl. I have seen her since the dispersion of my 
 party at the Great Lake. You know that I and another 
 escaped. Since then I have ventured in disguise into Hobart 
 Town itself. The sight of her, and her embraces, have pro- 
 duced in me a strange feeling. I would willingly sacrifice 
 my life to do her good, and I cannot conceal from myself 
 that the chances are that I must be taken at last, and that if 
 I do not perish miserably in the bush I shall be betrayed, and 
 shot or hanged." 
 
 "And what can I do to prevent it?" 
 
 "You can do nothing to prevent that end, for I know 
 that I am too deep in for it to be pardoned. If I were to give 
 myself up the Government would be obliged to hang me for 
 example's sake. No, no: I know my own condition, and I 
 foresee my own fate. It is not of myself that I am thinking, 
 but of my child. Mr. Thornley, will you do this for me — 
 will you do an act of kindness and charity -to a wretched man, 
 who has only one thing to care for in this world? I know it 
 is much to ask. and that I ought not to be disappointed if 
 you refuse it. Will you keep an eye on my poor child, and 
 so far as you can, protect her? I cannot ask you to provide
 
 14 AUSTRALIAN BUSHRANGING. 
 
 for her, but be her protector, and let her little innocent heart 
 know that there is some one in the wide world to whom she 
 may look up for advice — for assistance, perhaps, in difficulty; 
 at all events, for kindness and sympathy: this is my request. 
 Will you have so much compassion on the poor, blasted and 
 hunted bushranger, as to promise to do for me this act of 
 kindness?" 
 
 I gazed with astonishment, and I must add, not without 
 visible concern, on the passionate appeal of this desperate 
 man in behalf of his child. I saw he was in earnest — there is 
 no mistaking a man under such circumstances. I rapidly 
 contemplated all the inconvenience of such an awkward 
 charge as a hanged bushranger's orphan. As these thoughts 
 passed through my mind, I caught the eye of the father. 
 There was an expression in it of such utter abandonment of 
 everything but the fate of his little daughter, which seemed to 
 depend on my answer, that I was fairly overcome, and could 
 not refuse him. 'T will look after her," I said, "but there 
 must be no more blood on your hands; you must promise 
 me that. She shall be cared for, and now that I have said it, 
 that's enough — I never break my word." 
 
 "Enough," said he, "and more than I expected. I thank 
 you for this, Mr. Thornlej'. I could thank you on my knees. 
 But what is that? Look there! A man on horseback, and 
 more on foot. I must be on my guard." 
 
 As he spoke, the horseman galloped swiftly towards us. 
 The men on foot came on in a body, and I perceived that they 
 were a party of soldiers. The Gipsy regarded them earnestly 
 for a moment, and then ran to his gun, but in his eagerness 
 he tripped and fell. The horseman, who was one of the con- 
 stables from Hobart Town, was too quick for him. Before 
 he could recover himself, and seize his gun, the horseman was 
 upon him. "Surrender, you villain, or I'll shoot you." 
 
 The Gipsy clutched the horse's bridle, which reared and 
 plunged, throwing the constable from his seat. He was a 
 powerful and active man, and catching hold of the Gipsy in 
 his descent, he grappled with him and tried to pinion his 
 arms. He failed in this, and a fearful struggle took place 
 between them. "Come on," cried the constable to the 
 soldiers, "let us take him alive." 
 
 The soldiers came on at a run. In the meantime, the 
 constable had got the Gipsy down, and the soldiers were close 
 at hand, when suddenly, and with a convulsive effort, the 
 Gipsy got his arms round the body of his captor, and with 
 desperate efforts rolled himself round and round, with the 
 constable interlaced in his arms, to the edge of the precipice. 
 "For God's sake," cried the constable, with a shriek of agony, 
 "help, help! We shall be over!" But it was too late. The
 
 HISTORICAL SKETCH 15 
 
 soldiers were in the act of grasping the wretched man's 
 clothes when the bushranger, with a last convulsive struggle, 
 whirled the body of his antagonist over the precipice, him- 
 self accompaning him in his fall. We gazed over the edge, 
 and beheld the bodies of the two clasped fast together, turn- 
 ing over and over in the air, till they came with a terrible 
 shock to the ground, smashed and lifeless. As the precipice 
 overhung the river, the bodies had not far to roll before they 
 splashed into the water, and we saw them no more. 
 
 The reader may be interested to know that Mr. Thornley 
 was better than his word. He sought the daughter of the 
 unfortunate man, took her home to his house, and afterwards 
 sent her to England. 
 
 The gangs of bushrangers that infested New 
 South Wales in the early days were not so numerous 
 as those in Van Diemen's Land, neither were they as 
 a rule so cruel and bloodthirsty. But some of the 
 outlaws were terrible characters, and during the 
 period they carried on their nefarious operations the 
 country over which they roamed was kept in a con- 
 tinual state of unrest and fear. 
 
 Up to 1815 bushranging — and that of the more 
 harmless kind — was confined to the country between 
 Sydney and Emu Plains, for the first difficulty of moun- 
 tain travelling had not then been overcome. The 
 men who "took the bush" had escaped either from the 
 barracks at Sydney, or from the road and ironed gangs 
 about Windsor, Richmond, Parramatta, and Emu 
 Plains, or had absconded from the service of towns- 
 men or settlers in the localities named, and were well 
 content if they could, even for a short time only, eke 
 out a bare existence among the roving tribes of half- 
 civilized blacks, or by occasional visits to the few 
 cultivated fields or barns not guarded by the military. 
 These men were, however, sooner or later driven by 
 starvation to surrender, glad to seek food although
 
 i6 AUSTRALIAN BUSHRANGING. 
 
 associated with stripes from the "cat" or drudgery in 
 chains, heavier than that h^om which they had sought 
 relief by flight. Some were shot down by the soldiers 
 in the bush ; not a few fell victims to the blackfellow's 
 spear or waddy ; others lost themselves in the bush 
 and perished, their bleached bones — or that portion 
 of them which had been left by the native dogs — being 
 afterwards found near some "blind" gully or amidst 
 the scrub. 
 
 The opening of the mountain road from Emu 
 Plains to Bathurst not only extended the area of rapine 
 to the new settlements on the western plains, but gave 
 criminals a far better chance of intercepting valuable 
 booty while in transit over the rugged tableland of the 
 Blue Mountains. But while, as we shall see, the 
 Bathurst district had its full share of trouble, it was 
 still nearer Sydney that plunder was sought by the 
 more daring spirits. 
 
 The following extract from a Sydney newspaper 
 of 1826 at once illustrates this type of crime, and 
 brings vividly before our eyes the closeness of the 
 bush to Sydney in those early days : — 
 
 Two daring bushrangers, named Mustin and Watkins, 
 were captured on Monday last, between four and five o'clock 
 in the morning, near Burwood, six or seven miles distant 
 from Sydney, by Major Lockyer, J. P., and a party of mili- 
 tary, together with Constables Sutland and O'Meara (and 
 some others) of the police. The Superintendent of Police, 
 together with a full bench of magistrates, was engaged for a 
 considerable length of time on Monday in receiving deposi- 
 tions connected with some of the atrocities perpetrated by 
 these desperadoes, of which, it is thought, a considerable 
 number remain undeveloped. It appeared that, on Friday 
 last, between eight and nine o'clock at night, three men, 
 armed with guns and pistols, two of whom were the prisoners, 
 entered the house of Mr. James Coles, publican, on the 
 Liverpool-road, after all the family, with the exception of a
 
 Brisbane 
 Water 
 
 COUNTY OF CUMEERLAN'n.
 
 HISTORICAL SKETCH. 19 
 
 man servant and a girl, had retired to rest. Immediately on 
 their entrance, having ascertained that the master of the 
 house was in bed, they, with many tlircats in case of dis- 
 obedience, directed the servants to remain in the bar, leaving 
 one of their party as a guard over them, whilst the other tv/o 
 proceeded to the bedroom of Mr. Coles; and telling him that 
 they would blow his brains out if he made the least resistance 
 proceeded to search the place, and demanded what money he 
 had in his possession. Mr. Coles denied having any in the 
 house; but the robbers having discovered a box which they 
 suspected to contain what they were in search of, one of them 
 presented his musket, stating that he would immediately blow 
 it open if the keys were not instantly delivered to him. One 
 of the family, apprehensive of personal violence being re- 
 sorted to, accordingly complied with the demand by giving 
 up the keys, when the robbers possessed themselves of 
 all the money they could find, amounting to upwards of £60, 
 together with a watch and seals and a pistol. They afterwards 
 repaired to a storeroom and took away a leg of pork and a 
 pig's head; and returning to the bar they ordered the female 
 servant to fiH them half a gallon of brandy and the same 
 quantity of wine, which having obtained, together with about 
 four pounds weight of sugar and a pair of boots which hung 
 in the bar, they departed. 
 
 It appeared, also, that the same party paid a visit to Bur- 
 wood, the residence of Dr. Dulhunty, on the following night, 
 Saturday. The noise of dogs barking alarmed the family, 
 and Mr. Dulhunty, jun., immediately proceeded to the hut of 
 the Government servants, at some distance from the house, 
 which he found, on his entrance, to be filled with strange 
 men. Some excuse was set up that they belonged to a 
 neighbouring road party, and Mr. Dulhunty returned to the 
 house, when after some time receiving a second alarm from 
 one of his family, having seen a flash from a gun or pistol in 
 the direction of the hut, he again went out, armed with a 
 pistol and stick, and finding the same party, he ordered 
 them away, when using some imprecations they rushed out, 
 and one of them snapped a pistol at Mr. Dulhunty, which 
 fortunately missed fire. A scuffle ensued, in which Mr. Dul- 
 hunty was knocked down, and beaten by one of the ruffians 
 with the butt end of a pistol. He afterwards ran towards the 
 house to procure assistance, and on his way perceived a 
 man getting over a fence, at whom he presented a pistol, and 
 happening to slip at the moment, the pistol went of¥ as he 
 fell, and the fellow escaped, but it is thought received his 
 death wound on that occasion, and was hidden in the bush 
 by his companions, as he has not since been discovered. The 
 "obbers succeeded in efifecting their escape on Saturday night,
 
 20 AUSTRALIAN BUSHRANGING. 
 
 and on Sunday morning, previous to coming to town to give 
 information to the police, Mr. Dulhunty discovered part of a 
 steel watch-chain, with a gold seal and keys appended, lying 
 close to the fence, and near as he stated to a pool of blood. 
 The chain and seals, together with a watch subsequently 
 found with the prisoners, were identified by Mr. Coles as 
 those taken from the premises on the preceding night. On 
 Monday morning, the constables, accompanied by Major 
 Lockyer, as a magistrate, and a party of soldiers, appre- 
 hended the prisoners in the bush, about a mile and a half 
 from Burwood. They were concealed under two fallen trees, 
 with a tarpaulin and brush-wood over them, and, on being 
 searched, the money taken from Mr. Coles was found in their 
 possession when they were secured. Major Lockyer said to 
 Mustin, "You are the man Mr. Dulhunty beat last night," he 
 replied, "I am," and, after finding the money, when Major 
 Lockyer directed a further search to be made about the place, 
 Mustin said, "Oh! there is no occasion, you have got enough 
 to hang fifty men." The boots taken from the house of Mr. 
 Coles were identified at the police station, on the prisoner 
 Watkins, and upon the Superintendent ordering them to be 
 taken ofif, some of the bystanders overheard Mustin say, 
 "You'll make a liar of your mother now, she always said 
 you'd be hanged in your shoes, but you won't." They were 
 yesterday fully committed. 
 
 In addition to the foregoing, we hasten to give the fol- 
 lowing from our Parramatta correspondent: — 
 
 About II o'clock on Saturday night last information 
 reached Mr. John Thorn, Chief Constable of Parramatta, 
 that a party of bushrangers were reconnoitering contiguous 
 to the Western Toll-gate, in the Government Domain. Mr. 
 Thorn, in consequence, accompanied by Wardsman Wells 
 and Constable Ratty, aided also by Mr. Piesley, junr., pro- 
 ceeded to the toll-house, where the Chief Constable con-^ 
 certed that Constable Ratty should proceed with a large 
 bundle down the road and counterfeit drunkenness, while the 
 party made a circuitous route on the other side of the road in 
 the bush. Constable Ratty proceeded as directed, and, when 
 at the distance only of about loo yards from the toll-house, 
 four or five men, as stated by Ratty, jumped over and de- 
 manded the bundle: some of the party were armed. Ratty, 
 as pre-directed, said, in a tone of voice to be heard by the 
 party, "Well, if you must take the bundle, you must"; and 
 one of the robbers then took it from him. Ratty immedi- 
 ately fired at and shot the man through the neck, on which 
 two other shots were returned. The party then made up, 
 when the foremost, Mr. John Picslcj., found four men con- 
 tending with Ratty. He fired at one, who fell, exclaiming "I
 
 HISTORICAL SKETCH. 21 
 
 am killed." The night was extremely dark, and the repeated 
 flashes from the fire-arms rendered it stil! more impenetrable. 
 Wells then fired, and Mr. Thorn and J. Piesley pursued an- 
 other of the gang; Piesley fired, but missed him. They con- 
 tinued the pursuit, when the man took the fence. Mr. Thorn 
 jumped also upon the fence, and as the robber was making 
 into the bush, he fired, and the man fell, but before Mr. T. 
 came up he rose, and ran a few yards and fell again, when he 
 was secured. He was slightly wounded in the head by a ball. 
 On coming up to the others of the party, it was discovered 
 that Constable Ratty received a ball which penetrated the 
 middle of his back, and passed through and lodged in his 
 breast, within half and inch of the chin, where the ball was 
 extracted; one of the three robbers that were shot escaped 
 during the engagement, and it is with considerable regret I 
 inform you, that another of them, when within about ten 
 yards of the gaol, escaped from a constable into whose cus- 
 tody he had been given by the chief constable, while he re- 
 ported the circumstances to Dr. Harris. Two of the men's 
 names so shot are Cook and Ward; the other, who escaped in 
 the contest, is supposed to be Currey, runaways from the 
 mountain iron gang. Patrols of the constables and military 
 have since been sent out to scour the haunts of those marau- 
 ders. Constable Ratty continues very ill indeed; considerable 
 danger is apprehended; it is also doubtful whether the shot 
 by which he was wounded was not fired by Wardsman Wells 
 in mistake. Great credit is due to the chief constable and 
 party (in which Mr. Piesley, jun., behaved in a very intrepid 
 manner), for their exertions on this occasion. 
 
 When information of the foregoing depredations reached 
 Colonel Dumaresq, the Private Secretary, he directly issued 
 orders for three dififerent detachments of military to proceed 
 and surround the country in the neighbourhood of Liverpool 
 Parramatta, &c., so as to completely cut off all chance for the 
 bushrangers to escape; and it is mainly to this promptitude 
 that the inhabitants of those districts are indebted for the 
 capture of such desperadoes. It is worthy of remark, that so 
 efficient have been the means adopted by the authorities of 
 late, that scarcely a robbery has been committed, the perpe- 
 trators of which have not been secured within a few days 
 after. 
 
 Here is a proclamation issued by Governor Darl- 
 ing a few years later. The Governor's attitude as 
 lecturer on morals is not less interesting than the re- 
 wards which he deals out to the supporters of law and 
 order : —
 
 22 AUSTRALIAN BUSTIRANGING. 
 
 Colonial Secrctarj^'s Ofike: — The Governor having had 
 under consideration the circumstances attending the death of 
 MacNamara and the execution of Dalton, would fain en- 
 courage a hope that these awful events will awaken their 
 abettors and associates in crime to a sense of their own situ- 
 ation, and will prove a useful lesson to others, less depraved 
 and vicious, by deterring them from pursviing the like crimi- 
 nal and unlawful courses. 
 
 Let these but for a moment consider the short and dread- 
 ful career of these wretched men, and they will require no 
 further warning. They would find that the utmost success 
 would be no recompense for the anxiety of mind which they 
 must have constantly experienced. Driven by their lawless 
 pursuits to the foulest means — robbery and murder — of ob- 
 taining a precarious and guilty subsistence, they wandered in 
 fear and dread of being overtaken, as they were at last; when, 
 as if by the dispensation of a just and unerring Providence, 
 MacNamara, the most atrocious offender of the two, was, in 
 an instant, deprived of life, to be made answerable elsewhere 
 for the crimes he has committed here; while Dalton was re- 
 served to expiate his offences, which he did, in a few days, 
 by an ignominious death on the gallows. 
 
 The fate of those who commit crimes, such as these men 
 have been guilty of, is certain. They may escape for a mo- 
 ment: it will be for a moment only. The violated laws of 
 God and man seek retribution, and will not suffer him to live 
 who has taken away the life of another. 
 
 The Governor has been induced to offer these observa- 
 tions, that the inconsiderate (if there be men who commit 
 crimes from want of consideration) may reflect and be made 
 aware of the fate which inevitably awaits the commission of 
 the more serious offences. On the hardened and more con- 
 firmed criminals he has but little hope of making any im- 
 pression; but he trusts the effort to restrain those less de- 
 voted to vicious pursuits will not be entirely fruitless. 
 
 Robberies would be less frequent if receivers were not so 
 numerous. These people may be assured that the utmost 
 rigour of the law will be exercised in their case. Let the fate 
 of Adlan and wife be a warning to them. The former is now 
 under sentence of transportation to Norfolk Island for 14 
 years, and the latter to Moreton Bay for the same period. 
 These people v/ere the depositories of the plunder of Bowen 
 and Jackson's houses: plunder acquired by acts of atrocity 
 and outrage. The facility of disposing of stolen property 
 leads to the commission of robberies and other serious 
 crimes. Every bushman should feel that it is his duty to 
 bripg to conviction the receiver as he would an assassin, with
 
 HISTORICAL SKETCH. 23 
 
 whom the former is generally identified, and not unfrequently 
 the abettor and instigator of his crimes. 
 
 It now becomes the more pleasing duty of the Governor, 
 which he discharges with the sincerest satisfaction, to notice 
 the meritorious conduct of Mr. John Thorn, the chief con- 
 stable of Parramatta, who evinced the utmost intrepidity in 
 pursuing and capturing Dalton. 
 
 Samuel Horn, wardsman of Parramatta, had not only the 
 good fortune to escape the shot of MacNamara, which passed 
 through his hat, but to kill him at the instant, his ball having 
 lodged in MacNamara's breast. 
 
 Anthony Finn, ordinary constable, though not immedi- 
 ately concerned in the capture of either of the prisoners, has 
 a fair claim to praise for his zeal on the occasion. 
 
 The Governor has been pleased to order, in consider- 
 ation of the services of Mr. Thorn, that he shall receive a 
 grant of land of one square mile, free of quit rent for ever; 
 and that the deed shall specify the services for which the 
 grant has been made. 
 
 Also, that Samuel Horn, holding a conditional pardon, 
 shall receive a full pardon, with a grant of half a square mile 
 of land, free of quit rent; and that Anthony Finn shall receive 
 half a square mile of land, free of quit rent. 
 
 Having thus noticed the proceedings of the police of 
 Parramatta, the Governor has equal satisfaction in expressing 
 his approbation of the conduct of Mr. Frederick Meredith, 
 junior, chief constable of Liverpool, in the attempt made on 
 Jackson's house, in the month of March last. The assailants, 
 five in number, men of desperate character (MacNamara and 
 Dalton being of the party) were not beat off until after a 
 sharp contest, in which Mr. Meredith was severely wounded. 
 It is very satisfactory to the Governor to advert to the highly 
 commendable conduct of Mr. Jackson, in defending his house: 
 and he has been pleased to order that William Johnson, his 
 assigned servant, who so courageously assisted in protecting 
 his master's properly, shall receive a ticket-of-leave for his 
 services on the occasion. 
 
 The Governor has further been pleased to order, as an 
 acknowledgment of Mr. Meredith's services generally, and 
 more especially on the occasion of the attack on Jackson, 
 that he shall receive a grant of one square mile of land, the 
 same as Mr. Thorn, the chief constable of Parramatta. 
 
 His Excellency cannot dismiss this subject without ex- 
 pressing the satisfaction he has derived from learning that 
 Mr. Thorn and Mr. Meredith are both natives of the colony. 
 They have availed themselves in the most spirited manner of
 
 24 
 
 AUSTRALIAN BUSHRANGING. 
 
 the opportunity which their situation afforded them, of serv- 
 ing their country. Let their brethren generally imitate their 
 example as the Government will foster them as its children. 
 
 A fuller account of Donohoe and Webber, the 
 most notorious of the Cumberland bushrangers, and 
 
 Jo 
 
 D. 16. 
 
 TICKETOF-LEA VE. 
 
 ^4y/jJ2^ 
 
 Ko PRINCIPAL SUPERIMENDENT Of CONVICTS' OFFICE. 
 
 &*^ 
 
 j^3 Sydney/, New South fValet, 
 
 M // ^^^^ '8*-^ 
 
 " - IT is His Excellency's, the Governor's, Pleasure to dispense vnih the Attendance 
 
 at Government Work of <ytf^t^ Cc>-l^r>t^0^i^ —— 
 
 who was tried at ^a/ci^A^ 4, ''_y^/4J<i f^t^^-^ /(P'^ ^ ' 
 Convict for 0^^^ c^ arrived per Ship jl^'^^cA^ ^^ 
 
 ^Jn^^A—^^ Master, in tne Year /cFJP and to permit /7Y*x^ 
 
 to employ //r'A.self (off the Stores) in any lawful occupation within the District of 
 (A ^ /^ ■ - — '"''"" '^'^o'vn advantage during good behaviour; 
 
 i or until His Excellency's further Pleasure shall be made knomi. 
 
 By His Excellency's Command. 
 
 TICKET-OK-LEAVE. 
 
 of the disturbed conditions which prevailed in the 
 west during the twenties, and culminated in the Ba- 
 thurst outbreak of 1830, will be found in the body of 
 this work. After that date bushranging ceased to be
 
 HISTORICAL SKETCH. 25 
 
 the serious and all prevailing evil which it had become 
 in the later twenties ; though the exploits of Martin 
 Cash in Van Diemen's Land, of the "Jew Boy" in the 
 Hunter Valley, and of "Scotchey" and Witton in the 
 Lachlan district, are important enough to receive 
 separate treatment. 
 
 Mail coach robberies were not frequent in these 
 earlier days, for the simple reason that there were then 
 very few mail coaches to be "stuck up." Yet here is 
 one case that occurred some years before the first sod 
 of the first railway was turned at Redfern. A four- 
 horse coach was proceeding with the "Royal mail" 
 from Windsor to Sydney, there being several passen- 
 gers, one of whom was on the box-seat with the driver, 
 being well armed. At the foot of a hill the body of a 
 man, lying upon his face, was seen in the middle of the 
 road. The driver and his companion at once jumped 
 to the conclusion that the man had fallen a victim to 
 the bushrangers, and as they neared him, the coach- 
 man pulled up his team, handed the reins to his com- 
 panion, and was in the act of descending to see if the 
 man were really dead, when the whole party were 
 startled by hearing the command, "Bail up, or you're 
 dead men!" proceeding from the roadside, while the 
 driver found himself looking fair into the barrel of a 
 gun which was being pointed at him from the spot. 
 At the same time the couchant bandit — for such he 
 proved to be — sprang from the ground, turned the 
 leading horses across the pole of the coach, and then 
 covered the box-seat passenger with his blunderbus 
 before he could get rid of the reins which the coach- 
 man had placed in his hands. The driver was then 
 commanded to unhitch the horses, and the passengers
 
 26 AUSTRALIAN BUSHRANGING. 
 
 Avere compelled to stand in a row on the roadside \YhiIe 
 one of the bushrangers "went through" their pockets 
 and appropriated all their money and watches. The 
 mailbags were then ripped open and the letters con- 
 taining money extracted. The armed passenger had 
 on a pair of trousers which took the fancy of the tallest 
 of the robbers, and much to his chagrin he was com- 
 pelled to disrobe, being left to shiver in the cold while 
 the footpad drew the trousers over his own. Then 
 taking the two leaders as "mounts," the bushrangers 
 bid their victims "good-day" and departed, leaving the 
 impoverished and frightened passengers to pursue the 
 rest of the journey with two horses instead of four. 
 
 The gold discoveries gave bushranging a new 
 lease of life. When the first gold fever set in, the 
 crowds that left Sydney and other centres of popu- 
 lation for the distant fields at Summerhill and the 
 Turon, and later still, Adelong and the Ovens, con- 
 tained not a small sprinkling of those who, if they 
 were not then bushrangers, afterwards became such. 
 It suited them better to waylay and rob those who 
 were going to or retiring from the gold-fields than to 
 themselves handle pick and shovel and cradle, and they 
 scrupled not to murder as well as rob if the hapless 
 victims made even a show of resistance. As might be 
 expected, it was the old convict element that first came 
 to the front in this way, and I give in a subsequent 
 chapter two typical sketches of their mode of pro- 
 cedure — the story of Day, the blacksmith bushranger, 
 and that of Williams and Flanagan, the highway rob- 
 bers of the St. Kilda-road. 
 
 But a new era was opening — that of the gangs, 
 made up for the most part of freeborn men, the sons of
 
 HISTORICAL SKETCH. 27 
 
 small farmers settled on the Western mountain slopes, 
 whose begetter and prime exemplar was Frank Gardi- 
 ner. With them we approach times within the know- 
 ledge of most middle aged Australians ; many of my 
 readers will have very vivid recollections of the 
 tumultuous years that followed i860, when Gardiner 
 and Ben Hall, in the west, and the Clarkes in the 
 south, filled the newspapers with their audacity, and 
 men's hearts with the fear of them. In this volume I 
 have space to deal only with Gardiner and his mates : 
 the full development of the gang-system, its wane to- 
 wards the end of the sixties, and its unexpected re- 
 vival in 1878 by the notorious Kellys, will require a 
 volume of their own.
 
 CHAPTER II. 
 
 TASMANIAN GANGS : 
 HOWE'S— BRADY'S— BRITTON'S. 
 
 MICHAEL HOWE AND HIS GANG. 
 
 In early life Howe had been a sailor on a British 
 man-of-war ; but he grew weary of ship's discipline, 
 deserted, and next appeared as a highwayman on Eng- 
 lish roads. He was soon caught, convicted, and trans- 
 ported to Van Diemen's Land, arriving there in 1812. 
 On arrival he was assigned to a merchant and stock- 
 holder named Ingle; but Howe had large ambitions. 
 "I have served the King," he said, "and will be no 
 meaner man's slave." Upon which he took to the 
 bush, and gathered round him the most troublesome of 
 all the gangs then abroad. When Macquarie made his 
 ofifer of pardon, Howe and his companions came in 
 with the rest, and took a holiday in Hobart Town ; but 
 life was soon tired of town life, and took to the bush 
 again under Whitehead, who was the leader of a gang 
 of twenty-eight. 
 
 The gang plundered in a most systematic and re- 
 lentless way, and did not scruple to shoot down any 
 who made an attempt at remonstrance or resistance. 
 Attacking the settlers of New Norfolk, they took 
 away their firearms, broke open their homesteads, 
 burned their wheat stacks and houses, and carried off 
 
 28
 
 TASMANIAN GANGS. 29 
 
 all the portable property upon which they could lay 
 their hands. Even the Police Magistrate and the dis- 
 trict constable at Pittwater had a fire-stick applied to 
 their stacks, and counted themselves fortunate not to 
 have lost house and life as well. A second attack on New 
 Norfolk was unsuccessfully opposed by a mixed force 
 of settlers and soldiers : the bushrangers shot two, 
 captured a third, and drove their opponents from the 
 settlement. But a second party of soldiers, sent post 
 haste from Hobart Town on receipt of the news, sur- 
 prised the gang in the midst of its marauding, and 
 mortally wounded its leader. Two others were cap- 
 tured, but Howe and the rest got clean away in the 
 darkness of the night. When Whitehead was wounded 
 he immediately appealed to Howe to cut off his head, 
 so that the pursuers should not get the reward ; for it 
 had been arranged between them that whichever sur- 
 vived should do his fallen comrade this service. Howe 
 carried out the agreement, but the head was found in 
 the bush later on, and the body was carried to Hobart 
 and gibbetted at Hunter's Island. 
 
 After the death of Whitehead, Howe assumed the 
 leadership of the gang, and at once led them on to 
 fresh depredations. Their movements were very 
 rapid, and covered a large area of country ; one day 
 they were reported at Launceston and shortly after- 
 wards at Bagdad, a hundred miles off, where their 
 scouts had given them news of rich booty. 
 
 Howe assumed the airs of a chief, and introduced 
 naval rule into his camp. The members were com- 
 pelled to subscribe to articles of obedience, the oath 
 was administered on a Prayer Book, and penalties 
 were exacted for any breach of discipline. He styled
 
 30 AUSTRALIAN BUSHRANGING. 
 
 himself "Governor of the Rangers," as opposed to the 
 representative of Royalty in Hobart Town, whom he 
 called "Governor of the Town." 
 
 In all his marauding expeditions he was attended 
 by a faithful aboriginal girl named Black Mary, who 
 must have been invaluable to him both as scout and as 
 servant. But his gratitude was as feeble as his morals, 
 and her fidelity had but ill reward. Some soldiers of 
 the 46th, who had been despatched in pursuit of the 
 gang, once came across Howe and Mary apart from 
 the others. Howe ran for his life : the girl could not 
 keep up with him ; he saw that the soldiers must over- 
 take her and capture him if he remained with her ; so 
 he turned and fired upon her. She fell and was seized. 
 Her master, throwing away his knapsack and gun, 
 plunged into the scrub, through which his pursuers 
 could not follow him. In the knapsack was a primi- 
 tive-looking book of kangaroo skin, upon which were 
 recorded, in letters of blood, the dreams of greatness 
 which filled the bushranger's mind. 
 
 Mary could not forgive her faithless lord. The 
 wounds were not mortal, and when they had healed 
 she determined to have her revenge. Leading his 
 pursuers, she tracked the hunted bushranger from 
 place to place, until the chase grew so close and hot 
 that Howe offered to surrender on terms. He wrote 
 to the "Governor of the Town" and managed to get 
 the letter forwarded by a person who was able to go 
 between the two "Governors" without injury to him- 
 self. And, strange to say, Governor Sorell enter- 
 tained the proposals made by "Governor" Howe, and 
 actually sent one of his officers to treat with him. 
 
 Outlaws have dictated terms on many occasions,
 
 TASMANIAN GANGS. 
 
 31 
 
 but never, I venture to say, under such conditions. 
 Society, as West says, must have been on the verge of 
 dissolution when letters and messages could pass be- 
 tween the Government and an outlaw. The surrender 
 took place in due course, and Howe was once more a 
 prisoner. 
 
 TASMANIA, 
 
 His gang, however, was by no means dispersed. 
 Howe had promised to betray them, but the infor- 
 mation he gave Vv^as of very little use, and things were 
 soon worse than ever. A reign of terror began. The 
 richer settlers abandoned their homes and took refuge
 
 32 AUSTRALIAN BUSHRANGING. 
 
 in the town. The boat that carried provisions be- 
 tween Launceston and Georgetown was seized, and 
 recruits obtained from its crew. The Governor ap- 
 pealed to the ptibhc, who raised by subscription a re- 
 ward for the gang's capture. A party of soldiers ran 
 them to earth, but could do nothing against their well- 
 posted force but kill its new leader. 
 
 During this time Howe was in prison. Not- 
 withstanding his previous character, he was allowed 
 considerable freedom of movement by the authorities, 
 and soon took advantage of it. He pleaded ill-health, 
 was allowed to walk abroad in charge of a constable, 
 and walked very much abroad, leaving the constable 
 in the rear. Soon he was again at the head of a party, 
 which included som.e of his old companions in arms. 
 But one night trouble arose ; two of the gang incurred 
 the anger of the leader, who decided to make short 
 work of them. At midnight, while both were sleep- 
 ing, he crept upon them, and put an end to one by 
 cutting his throat from ear to ear, and to the other by 
 clubbing him on the head with the stock of a gun. 
 
 By degrees the gang was reduced to three — 
 Howe, Watts, and Brown — and more trouble came. 
 Brown surrendered himself to the authorities, and 
 Watts plotted against his leader to save his own life. 
 At this time there were rewards out for Howe and 
 Watts amounting to £ioo each, and knowing this, 
 the men were increasingly watchful ; but Watts placed 
 himself in communication with a stock-keeper on a 
 station near, and elaborated plans for capturing Howe. 
 The latter suspected that something was wrong, how- 
 ever, and accused Watts of infidelity, which the latter 
 denied ; as a proof that he was prepared to argue the
 
 TASMANIAN GANGS. 33 
 
 matter calmly he suggested that each should knock 
 out the priming of his gun before coming to an ex- 
 planation. Howe agreed : Drewe, the stock-keeper 
 (probably an old confederate), came up, and the three 
 proceeded to "camp." As Howe stooped to fan the 
 fire into a blaze with his hat, Watts suddenly pounced 
 upon him, threw him down, and with Drewe's assist- 
 ance secured his hands. They then took his knife 
 and pistols and went on with breakfast, giving Howe 
 to understand that they intended to take him straight 
 into Hobart Town. When all was ready they started 
 on their journey. Watts going first with a gun in his 
 hand ; Howe, with his hands bound, coming next ; and 
 Drewe bringing up the rear. They had not proceeded 
 far, however, when the bound leader suddenly exerted 
 his giant strength, snapped his bands, and sprang 
 upon Watts, stabbing him in the back with a dirk 
 which his captors had overlooked in their search. As 
 Watts fell Howe seized his gun and fired at Drewe, 
 shooting him dead. Strange to say, he did not stop 
 to complete his work on Watts, but left him where he 
 had fallen, doubtless thinking that the slow death 
 would be a greater punishment. Watts managed to 
 reach the town, however, and give information, after- 
 wards being removed to Sydney, where he died of his 
 wounds. 
 
 Once more free, Howe determined to act for him- 
 self, without trusting his liberty to companions ; but 
 he spent a terrible time. The Governor added a 
 second hundred pounds to the first reward, as well as 
 a free pardon and a passage to England to any prisoner 
 who might succeed in bringing him to justice. 
 Hunted more persistently than a wild dog would have
 
 34 AUSTRALIAN BUSHRANGING. 
 
 been, Howe betook himself to the mountains, and 
 only appeared when hunger or lack of ammunition 
 forced him to the settlements : at such times his repu- 
 tation and his savage looks gained him time to seize 
 the supplies he wanted before his victims could make 
 up their minds to resist him. 
 
 Bonwick, who was well acquainted with the lo- 
 cality, thus describes his hiding place : — "Badgered on 
 all sides, he chose a retreat among the mountain fast- 
 nesses of the Upper Shannon, a dreary solitude of 
 cloud-land, the rocky home of hermit eagles. On this 
 elevated plateau — contiguous to the almost bottomless 
 lakes from whose crater-formed recesses in ancient 
 days torrents of liquid fire poured forth upon the plains 
 of Tasmania, or rose uplifted in basaltic masses like 
 frowning Wellington ; — within sight of lofty hills of 
 snow, having the Peak of Tenerifife to the south. 
 Frenchman's Cap and Byron to the west. Miller's Blufif 
 to the east, and the serrated crest of the Western Tier 
 to the north ; entrenched in dense woods, with sur- 
 rounding forests of dead poles through whose leafless 
 passages the wind harshly whistled in a storm ; — thus 
 situated amidst some of the sublimest scenes of nature, 
 away from sufifering and degraded humanity, the 
 lonely bushranger was confronted with his God and 
 his own conscience." 
 
 In October, 1818, a former accomplice in the pay 
 of a man named Worrall, who had determined to cap- 
 ture him, lured him to his fate by promises of food. 
 The story of his capture is given in the captor's own 
 words in the Military Sketch Book, and I cannot do 
 better than repeat it here : — 
 
 "I was now," says Worrall, "determined to make
 
 TASMANIAN GANGS. 37 
 
 a push for the capture of this villain, Mick Howe, for 
 which I was promised a passage to England in the 
 next ship that sailed, and the amount of reward laid 
 upon his head. I found out a man of the name of 
 Warburton, who was in the habit of hunting kanga- 
 roos for their skins, and who had frequently met Howe 
 during his excursions, and sometimes furnished him 
 with ammunition. He gave me such an account of 
 Howe's habits, that I felt convinced we could take him 
 with a little assistance. I therefore spoke to a man 
 named Pugh, belonging to the 48th Regiment, one 
 who I knew was a most cool and resolute fellow. He 
 immediately entered into my views, and having ap- 
 plied to Major Bell, his commanding officer, he was 
 recommended by him to the Governor, by whom he 
 was permitted to act, and allowed to join us ; so he 
 and I went directly to Warburton, who heartily 
 entered into the scheme, and all things were arranged 
 for putting it into execution. The plan was this : — 
 Pugh and I were to remain in Warburton's hut, while 
 Warburton himself was to fall into Howe's way. The 
 hut was on the River Shannon, standing so completely 
 by itself, and so out of the track of anybody who might 
 be feared by Howe, that there was every probability 
 of accomplishing our wishes, and 'scotch the snake,' 
 as they say, if not kill it. Pugh and I accordingly 
 proceeded to the appointed hut. We arrived there 
 before daybreak, and having made a hearty breakfast, 
 Warburton set out to seek Howe. He took no arms 
 with him, in order to still more efifectually carry his 
 point, but Pugh and I were provided with muskets and 
 pistols. The sun had just been an hour up when we 
 saw Warburton and Howe upon the top of the hill
 
 38 AUSTRALIAN BUSHRANGING. 
 
 coming towards the hut. We expected they would be 
 with us in a quarter of an hour, and so we sat down 
 upon the trunk of a tree inside the hut cahiily waiting 
 their arrival. An hour passed but they did not come, 
 and I crept to the door cautiously and peeped out. 
 There I saw them standing within a hundred yards of 
 us in earnest conversation ; as I learned afterwards 
 the delay arose from Howe suspecting that all was not 
 right ; I drew back from the door to my station, and 
 about ten minutes after this we plainly heard foot- 
 steps and the voice of Warburton. Another mo- 
 ment and Howe slowly entered the hut — his gun pre- 
 sented and cocked. The instant he espied us he cried 
 out Ts that your game?' and immediately fired, but 
 Pugh's activity prevented the shot from taking effect, 
 for he knocked the gun aside. Howe ran ofT like a 
 wolf. I fired but missed. Pugh then halted and took 
 aim at him, but also missed. I immediately flung 
 away the gun and ran after Howe ; Pugh also pursued ; 
 Warburton was a considerable distance away. I ran 
 very fast ; so did Howe ; and if he had not fallen down 
 an unexpected bank, I should not have been fleet 
 enough for him. This fall, however, brought me up 
 with him ; he was on his legs and preparing to climb 
 a broken bank, which would have given him a free run 
 into the wood, when I presented my pistol at him 
 and desired him to stand; he drew forth another, but 
 did not level it at me. We were then about fifteen 
 yards from each other, the bank he fell from being 
 between us. He stared at me with astonishment, and 
 to tell you the truth, I was a little astonished at him, 
 for he was covered with patches of kangaroo skins, 
 and wore a black beard — a haversack and powder horn
 
 TASMANIAN GANGS. 39 
 
 slung across his shoulders. I wore my beard also as 
 I do now, and a curious pair we looked. After a mo- 
 ment's pause he cried out. 'Black beard against grey 
 beard for a million !' and fired ; I slapped at him, and 
 I believe hit him, for he staggered, but rallied again, 
 and was clearing the bank between him and me when 
 Pugh ran up and with the butt end of his firelock 
 knocked him down, jumped after him, and battered his 
 brains out, just as he was opening a clasp knife to de- 
 fend himself." 
 
 So closed the last act in Howe's career. His head 
 was cut ofif and exhibited in Hobart Town, and those 
 who had feared him felt safe at last. Many murders 
 were attributed to him besides those referred to. It 
 was said that among his victims were two of his boon 
 companions, who had committed some trifling offence, 
 and concerning one of these it was said that Howe 
 tied his hands and feet before shooting him. 
 
 The remaining members of the original gang all 
 met a deservedly ignominious fate, most of them be- 
 fore Howe's death. M'Guire and Burne were tried 
 and executed for the murder of Carlisle. Geary, who 
 assumed command during the interregnum caused by 
 Howe's temporary surrender, was shot dead in an en- 
 counter with the police. Lepton had his throat cut 
 by a recent addition to the ranks named Hillier, who 
 also nearly "did for" Collier at the same time. The 
 latter was subsequently hanged in Hobart, after being 
 tried in Sydney and convicted. Other men who 
 joined the gang at different times also came to a 
 violent end.
 
 40 AUSTRALIAN BUSHRANGING. 
 
 BRADY'S GANG. 
 Brady was a Macquarie Harbour convict, whom 
 the authorities supposed to be as peaceable as he was 
 industrious. Soon after his arrival, however, he set 
 about forming a secret league among his fellow con- 
 victs, of whom his size and strength made him un- 
 disputed leader. In June, 1824, while the command- 
 ant and surgeon were absent from the settlement, the 
 convicts made a rush for the Government boat, but 
 the of^cer in charge pushed oflf before they could 
 seize it. They captured the surgeon, however, who 
 could not reach the boat in time, and some of them 
 were about to flog him, when Brady, whom he had 
 treated kindly, interposed and saved him. The con- 
 victs then secured another boat, belonging to the 
 soldiers, and put to sea, in spite of pursuit from the 
 settlement. Nine days afterwards they landed at the 
 Derwent,* and at once set about an organised plan of 
 bushranging. As leader of the gang, Brady laid down 
 rules for its guidance ; they must neither injure the de- 
 fenceless, nor molest females, but could kill traitors, 
 revenge injuries, and carry away all that was likely to 
 prove useful to them. 
 
 About a week after their escape. Governor Arthur 
 issued the following proclamation : — "The Lieutenant- 
 Governor feels it necessary to announce that the party 
 of prisoners who escaped from Macquarie Harbour 
 have again passed into the interior. His Honour begs 
 in the most earnest manner to call upon all settlers in 
 dieir respective districts to enter with increased zeal 
 
 • "They seized a boat (gth June, 1834) and readied the Derwent on tlie 18th, 
 visited the residence of Mr. Mason, whom they beat witli great cruelty: tliey 
 next robbed a servant of Lieutenant Gunn of firearms. (Uuin pursued them and 
 captured live, who were tried and hanged along with Pearce," — " Fenton's Hist, 
 of Tas." p. 73.
 
 TASMANIAN GANGS. 41 
 
 and determination into measures for the apprehension 
 of these robbers. To the most common understand- 
 ing, not labouring under the miserable depression of 
 personal danger, means will be presented, after a rob- 
 bery has been committed, of tracing the movements 
 of the depredators ; and it must be understood to be the 
 positive duty of any settler to spread the information 
 immediately, and to adopt the most prompt and ener- 
 getic steps for closely pursuing these miscreants until 
 they are fairly hunted down. All Crown servants are 
 to be immediately assembled by their masters, and 
 apprized that the Government expects that every man 
 shall give all possible information as may lead to the 
 apprehension of these bushrangers." 
 
 Their first appearance was at Clarence Plains, 
 where they stopped, and robbed a Mr. Patrick Brodie. 
 Almost immediately afterwards they possessed them- 
 j:elves of firearms and ammunition by plundering a 
 man in the service of Lieut. Gunn. Gunn, a retired 
 military officer on half pay, was in Hobart Town at 
 the time, but, on hearing of the robbery, at once set 
 out in pursuit, and captured five of them, who were 
 immediately placed upon their trial, condemned, and 
 hanged. 
 
 The rest still continued their depredations. The 
 soldiers could not catch them ; the settlers were help- 
 less, for their convict servants were more likely to join 
 the bushrangers than "split" upon them. Many, in 
 fact, joined the gang, and those who did not join acted 
 as useful confederates and news-carriers. 
 
 On one occasion they were near Oatlands, and 
 were recognised by a lad attached to a settler's farm. 
 Brady learnt from him there were at that moment a
 
 42 AUSTRALIAN BUSHRANGING. 
 
 number of soldiers in a hut near. "But never mind," 
 said the boy, "we'll beat 'em. Wait a bit — they are 
 tired and hungry; I am getting their supper; when 
 tliey are feeding you rush them." "But the guns!" 
 exclaimed the leader. "Oh, they are all right in the 
 corner of the hut," replied the boy : "all you have to 
 do is to come softly along when they are at supper, lay 
 hold of the pieces, and the work is done." It was dusk 
 when the traitorous cook carried in the chops and tea. 
 Suddenly a noise was heard at the door ; the soldiers 
 looked round, to find they were each covered with a 
 loaded musket. The robbers tied them up, robbed the 
 house, and departed, Brady taking with him the lad, 
 who wanted to join the gang.* 
 
 At one squatter's house they demanded free 
 quarters of the overseer, were well looked after by the 
 convict servants, and went ofT at last with everything 
 of value. When attempts were made to track them 
 they burned a farmer's three years' store of wool. 
 With every exploit they grew bolder. 
 
 Up to this time the reward offered for the capture 
 of this gang was only £ lo per head, but strong repre- 
 sentation being made to Governor Arthur, he caused 
 the following Government Proclamation to be issued : 
 
 Government House, April 14th, 1825. 
 It has occasioned the Lieutenant-Governor much con- 
 cern that the continued outrages of the two prisoners, Mc- 
 Cabe and Brady, have led to the death of another settler. 
 His Honour has directed that a reward of £25 shall be given 
 for the apprehension of either of these men; and that any 
 prisoner giving such information as may directly lead to 
 their apprehension shall receive a ticket-of-leave, and that 
 
 * Two settlers later on caught this boy and a mate asleep under a tree, and 
 shot both of them without offering them a chance of escape. For this act the 
 settlers each received a free grant of land from the Governor,
 
 TASMANIAN GANGS. 43 
 
 any prisoner apprehending and securing either of them, in 
 addition to the above reward, shall receive a conditional par- 
 don. The magistrates are very pressingly desired to circu- 
 late this order and to direct the constables to visit all huts of 
 stock-keepers, shepherds, and others in their respective dis- 
 tricts, notifying the rewards offered, and cautioning such 
 persons against receiving, harbouring, or supporting these 
 men, who are charged with the commission of murder. Fifty 
 acres of land, free from restrictions, will be given to the 
 chief constable in whose district either McCabe or Brady is 
 taken, provided it shall be certified by the magistrate of the 
 district that he has zealously exerted himself in the promul- 
 gation of this order, and to the adoption of measures for 
 giving it effect. 
 
 The magistrates will see the importance of conveying 
 timely information of the movements of McCabe and Brady; 
 and they will consider themselves duly authorised to incur 
 any responsible expense in so doing. 
 
 By command of his Honour, the Lieutenant-Governor. 
 
 JOHN MONTAGU, Secretary. 
 
 Three days after this notice had been circulated, 
 Brady coolly answered it by posting on the door of the 
 Royal Oak Inn at Crossmarch the following: — 
 
 Mountain Home, April 20th, 1825. 
 
 It has caused Matthew Brady much concern that such a 
 person known as Sir George Arthur is at large. Twenty 
 gallons of rum will be given to any person that will deliver 
 his person unto me. I also caution John Priest that I will 
 hang him for his ill-treatment of Mrs. Blackwell, at New- 
 town. 
 
 M. BRADY. 
 
 M'Cabe, the colleague mentioned by Governor 
 Arthur, was not much longer at large. For offering 
 violence to a woman Brady shot him through the 
 hand, disarmed and thrashed him, and expelled him 
 finally from the gang. McCabe then began robbing 
 settlers single-handed ; but one of his victims escaped 
 and brought the police upon him, and his race was a
 
 44 AUSTRALIAN BUSHRANGING. 
 
 very short one. Ten days later the bushranger ended 
 his career upon the scaffold. 
 
 One of Brady's boldest exploits was the capture 
 of Sorell Gaol, and release of the prisoners. The 
 gang, eight in number, made a descent upon the Pitt- 
 water district, and began by a general plunder. At 
 Bethune's they put up for the night, imprisoning the 
 owner and his servants : and as the next day was wet 
 they stayed on quite calmly. In the evening two 
 visitors arrived, Mr. Walter Bethune and Captain 
 Bunster. Brady rose to the occasion. He called a 
 groom to take their horses, conducted them inside, 
 assured them there was nothing to fear, and ordered 
 dinner for them. During dinner something was said 
 about Brady's giving himself up. He was quite in- 
 dignant about it. There was not the slightest neces- 
 sity, he said : the gang was quite at its ease ; in case of 
 being hard-pressed they could retire to a mountain 
 farm where they had a stock of flour, with sheep, cattle 
 and horses, and could quietly "lie by" until all danger 
 had passed. 
 
 At last conversation flagged, and Brady enlivened 
 it by telling his guests he was about to take the gaol at 
 Sorell. His eighteen captives were tied and marched 
 off with him to the town, about lo o'clock at night. 
 They reached the gaol most opportunely : the soldiers 
 had been out in the rain all day looking for them, and 
 were just cleaning their guns. There was a rush : the 
 wet guns were easily seized, the inmates of the gaol 
 were freed, the soldiers and the Bethune contingent 
 took their place in the cells. The gaoler ran to fetch 
 the doctor, and the commanding officer, Lieutenant 
 Gunn ; but the doctor was caught without trouble,
 
 TASMANIAN GANGS. 47 
 
 Gunn was shot in the arm, and the two were locked 
 up with Brady's other captives. Then the gang 
 propped a log against the gaol door, dressed it up to 
 look like a sentry, and went off triumphantly into the 
 bush." 
 
 Of course there was a great stir in Hol^art Town. 
 The Governor issued another proclamation, doubled 
 the monetary reward, and added others. The towns- 
 folk were allowed to enrol themselves as special con- 
 stables. 
 
 Soldiers concealed themselves among the luggage 
 on drays, and were driven through lonely paths in the 
 bush in the hope of coming upon Brady or some of his 
 gang. But while he could be seen here, there, and 
 everywhere by the settlers, the anxious troopers could 
 not obtain a sight of him, although they knew he was 
 frequently in the near neighbourhood. One narrow 
 escape from capture is recorded. He had been in the 
 habit of visiting the hut of a confederate of the gang, 
 near Campbelltown, and this confederate at last de- 
 cided upon l-.ctraying him. Brady visited the hut in 
 disguise and unarmed ; and, being quite worn out with 
 long fatigue and watching, he threw himself upon the 
 bunk and was soon fast asleep. As soon as his be- 
 trayer saw him in the land of dreams he stole away to 
 the town to give information. A couple of soldiers 
 returned with him, and Brady was rudely awakened 
 by their seizure and the pressure of a rope on his 
 wrists. He took things very coolly, and asked for a 
 drink of water ; his captors went off together to bring 
 
 * Gunn was the only person injured in this encounter, and, as his arm had 
 to be taken oft, the Government rewarded him with a pension of £70 per annum, 
 and appointed him to the post of Superintendent of the Hobart Town Prisoner's 
 Barracks.
 
 48 AUSTRALIAN BUSHRANGING. 
 
 water from the stream (for the night was very dark, 
 and the men afraid to go alone), and in their absence 
 he held his hands over the blazing fire until the rope 
 was so far burned that he could snap it. Thus free he 
 awaited the return of the soldiers, and as soon as they 
 entered he fastened the door upon them, and made his 
 way back to his band. For many days he nursed his 
 wrath against the betrayer. At last they met in the 
 hut of Bill Windsor, of the Cocked Hat Hill, near 
 Launceston, a well-known receiver of stolen goods and 
 friend of the bushrangers. Brady did not settle the 
 score at once : he only said "I'll give you while I have 
 my supper." The man knew that there was no escape, 
 and while others in the hut vainly interceded for his 
 life he indulged in joking. At last Brady rose from 
 his seat, and, gun in hand, called to his betrayer, "Just 
 walk to that tree yonder." The wretched man started 
 to obey the command, but had only taken two or three 
 steps when a ball crashed through his brain. 
 
 Yet it cannot be said that the gang were brutal or 
 even savage, and they were most scrupulous in their 
 treatment of females, as even the Hobart Town papers 
 acknowledged. One man. who had asked a servant 
 girl for a kiss, was at once knocked down by his 
 leader, and one of the plundered settlers afterwards 
 said that Brady's first word was "Are there any ladies 
 in this house?" and receiving a reply in the affirmative, 
 he said "Then tell them to get up, and let them dress 
 themselves and go into one room, and no one shall 
 molest them." 
 
 Presently the leader of the gang thought they had 
 got enough plunder, and decided to seize a vessel and 
 escape in her from the colony. This design being
 
 TASMANIAN GANGS. 49 
 
 frustrated, partly by the treachery of a comrade and 
 partly by bad weather, Brady calmly notified the Com- 
 mandant at Launceston, "with the bushrangers' com- 
 pliments," that he proposed to rob Mr. Dry's house 
 (about a mile out of Launceston) and attack the gaol 
 on the same night. The authorities treated this mes- 
 sage as a capital joke. But when evening came the 
 parties concerned learned that bushrangers' jokes are 
 rough articles. Mr. Dry's house was duly visited ; the 
 family and servants, with some visitors, were secured ; 
 some of the gang kept guard, others searched the 
 house for valuables, and Brady entertained the ladies 
 in the parlour with amusing stories, and even a senti- 
 mental song to his own accompaniment on the piano. 
 But one of the servants had escaped and given the 
 alarm in the city. Colonel Balfour, with ten soldiers 
 and a few volunteer civilians, hurried to the spot. The 
 bushrangers were made aware of their approach and 
 retired behind a hedge, from which they kept up an 
 active fire. When this suddenly ceased the Colonel, 
 thinking they must have run away, hastened back to 
 town in case the second half of the joke was also seri- 
 ous. An attack, indeed, had been made, but nothing 
 came of it beyond the wounding of the local doctor. 
 
 There was another spasm of excitement. An- 
 other proclamation was issued by the Governor, and a 
 reward of three hundred guineas, or three hundred 
 acres of land free of quit rent, was offered for the cap- 
 ture of any of the gang; while an ofifer of free pardon 
 and free passage to England was made to any prisoner 
 of the Crown who should succeed in capturing one of 
 them. The Governor himself took the field in search, 
 and men who had before been indifferent, or friendly
 
 50 AUSTRALIAN BUSHRANGING. 
 
 to the bushrangers, also salHed out in hopes of secur- 
 ing the reward. Several desperate conflicts took place 
 between pursuers and pursued, both parties being well 
 armed, and several of the gang were captured and 
 lodged in gaol. 
 
 The desire of the settlers for vengeance was very 
 great, and it is on record that a petition signed by fifty 
 prominent citizens was presented to Colonel Arthur, 
 praying that the prisoners might be speedily executed, 
 in order that all fear of their escape from gaol might 
 be removed. Such, indeed, was the condition of so- 
 ciety at this time that no less than thirty-seven prison- 
 ers were condemned to death at one sitting of the 
 court. 
 
 But Brady was still at large, and he did not want 
 for followers. Escaped convicts rallied round him as 
 to a common centre, and every day carried its record 
 of daring deeds. The following extract from the "Van 
 Diemen's Land Annual" furnishes an idea of the syste- 
 matic course of outrage and plunder that was followed : 
 "On the night of the 5th, the bushrangers set fire and 
 burnt down the stockyard, with all the wheat belong- 
 ing to Mr. Abraham Walker and Commissary Walker, 
 opposite Mr. Thomas Archer's. The extent of the 
 damage is not yet ascertained. The bushrangers 
 were seen between the punt and Mr. Gibson's stock- 
 yard, and on the 6th they sent word to Mr. Massey, on 
 the South Esk, Ben Lomond, that they would hang 
 him and burn his wheat. A great fire was seen in the 
 direction of his house, but it is to be hoped that they 
 have not executed their threat. The bushrangers have 
 Mr. Dry's two white carriage horses with them. They 
 shot Thomas Kenton dead at the punt on the South
 
 TASMANIAN GANGS. $1 
 
 Esk ; they called him out of his house, and deliberately 
 shot him. Two runaways were last week sent into 
 Launceston from Pressnell's, where they were taken. 
 One of them broke out 'of gaol, and was met by the 
 bushrangers, who asked him to join them, and on his 
 refusal, they shot him dead. Brady now wears Colonel 
 Balfour's cap, which was knocked off at Dry's. When 
 the bushrangers were going down the Tamar they cap- 
 tured Captain White of the "Duke of York" in his 
 boat ; Captain Smith, late of the "Brutus," who was 
 with him, being mistaken for Colonel Balfour, they 
 knocked him down, but discovering their mistake they 
 apologised. They then made Captain White go down 
 upon his knees, and were going to shoot him, but Cap- 
 tain Smith interfered and saved his life, on representing 
 to them the misery it would inflict on his children. 
 During the night Captains Smith and White were al- 
 lowed to depart, and they made the best of their way 
 to Launceston, where they gave the necessary infor- 
 mation ; but unfortun;itely it was too late, the bush- 
 rangers having crossed the river and proceeded to 
 commit the dreadful enormities before stated." 
 
 Gradually, however, the band was scattered, and 
 pursuit was concentrated on Brady himself. Once he 
 was shot in the ankle, but still evaded capture. At 
 last John Batman, hereafter to be known from his ex- 
 ploits in the Black War, and still more famous for his 
 settlement of Port Phillip, set himself to hunt the 
 bushranger down among the contorted gullies of the 
 Western Tiers. His search was successful. One day 
 he espied a man of dejected, care-worn aspect, slowly 
 limping along through the bush with the aid of a cut 
 sapling, and evidently in great pain. Suddenly the
 
 52 AUSTRALIAN BUSHRANGING. 
 
 man caught sight of Batman, and at once the stick 
 was thrown aside and his gun was at his shoulder. 
 With finger on the trigger Brady called out "Are you 
 a soldier ofificer?" — for soldiers were his abhorrence, 
 and Batman was wearing a frock coat and foraging 
 cap. "I'm no soldier, Brady," was the reply; "I'm 
 John Batman ; surrender, there is no chance for you." 
 For a moment or two Brady communed with himself, 
 and then said "You are right. Batman ; my time is 
 come ; I will yield to you because you are a brave 
 man." 
 
 It was natural that his capture should be received 
 with demonstrations of joy by the populace. Yet, 
 strange to say, hundreds of persons, including ladies, 
 openly expressed sympathy with him, some of the 
 latter freely shedding tears at the recital of the suflfer- 
 ings of the "poor man" whose chivalrous treatment of 
 all females was one of the distinguishing character- 
 istics of his career in the bush. He was taken to 
 Hobart Town in company with a notorious scoundrel 
 named Jefifries, and was very indignant at being made 
 to keep company with such a "low character." Con- 
 viction followed trial, and he was sentenced to death. 
 "Yet," says Bonwick, "petition followed petition ior 
 his deliverance from the halter. Settlers told of his 
 forbearance, and ladies of his kindness. His cell was 
 besieged with visitors, and his table was loaded with 
 presents. Baskets of fruit, bouquets of flowers, and 
 dishes of confectionery prepared by his fair admirers, 
 were tendered in abundance to the gaoler for his dis- 
 tinguished captive. The last moment came. The 
 dramatic scene was maintained to its close. Pinioned, 
 he stood on the scaffold before a dense mass cf spec-
 
 TASMANTAN GANGS. 53 
 
 tators, who cheered him for his courage, or grieved 
 bitterly for his fate. He received the consolations of 
 the Roman Catholic faith ; he bade a familiar adieu to 
 the gentlemen about him, and he died more like a 
 patient martyr than a felon murderer." 
 
 BRITTON'S GANG. 
 
 During 1832-3 four escaped convicts, Beaven, 
 Britton, Jefkins and Brown, kept the country side in 
 terror. Beaven was a native of the Hunter, in New 
 South Wales, and had been transported to Van Die- 
 men's Land for horse-stealing. Britton was a con- 
 vict from the old country, his ofifence being smugg- 
 ling; but during the afifray in which he was captured 
 he saved the life of one of the coast-guards, who had 
 been knocked overboard, and the sentence of death 
 passed upon him was on that account commuted to 
 penal servitude for life. After several assignments to 
 settlers, during which he made a very bad name for 
 himself, he took the bush with Beaven, who had ab- 
 sconded from the Cataract Hill gaol gang. 
 
 Before the two men had been out very long they 
 killed Mr. Bartlett and his servant at the Supply Mill. 
 The murder was discovered by a Mr. Cathcart, from 
 whom the police received information, while a clerk 
 in the Commissariat Department named Wilson went 
 to bring Mrs. Bartlett away from the scene of the mur- 
 der. On his way he saw and shot a large mastiff be- 
 longing to Beaven, and for that act the bushranger 
 posted notices in public places that he would shoot 
 Wilson in return. Later on, indeed, the gang (now 
 including another escapee, Jefkins) stuck up Neale's
 
 54 AUSTRALIAN BUSHRANGING. 
 
 farm in the hope of finding Wilson there on official 
 work : failing to discover him they ransacked the place 
 and tried to extort information about him from the 
 overseer, whom they threatened to shoot. In the end 
 they spared the man and made ofif. 
 
 On this visit they had a woman with them whom 
 they had taken from the Female Factory in George 
 Town, after shooting the gatekeeper, an old man of 60. 
 She appropriated some of the overseer's clothes and 
 afterwards accompanied the gang in man's attire. 
 
 In the "Government Gazette" of May, 1832, the 
 following rewards were offered : — £250 and 500 acres 
 of land for the apprehension of Britton, dead or alive ; 
 £200 and 500 acres of land for Beaven ; £ 150 and 250 
 acres of land for Jefkins ; or to any prisoner of the 
 Crown a free pardon, his passage paid to England, and 
 £200. Hearing of these rewards, and knowing some- 
 thing of the outlaws and the country where they 
 "ranged," a prisoner named Hall, volunteered either 
 to kill or capture them, and the authorities accepted 
 his services. He was thereupon allowed to go into 
 the bush, and at once joined the gang, who were 
 pleased to receive an old "mate" and admit him into 
 their circle. They then planned a robbery, and while 
 Britton and Jefkins went to reconnoitre, Hall stayed 
 with Beaven to watch the road. The two men were 
 standing together when suddenly Hall placed his gun 
 close to Beaven's head and fired. The shot was fatal, 
 the back part of the bushranger's skull being nearly 
 blown off, and the man fell dead. 
 
 Hall rushed ofif to give information to the police, 
 who returned with him to the spot and removed the 
 body. An inquest was subsequently held and a ver-
 
 TASMANIAN GANGS. 55 
 
 diet of "justifiable homicide" was returned. Upon 
 Hall's return he informed the police that an assigned 
 servant in the town, named Brown, had been assisting 
 the bushrangers ; but when search was made for this 
 man it was discovered that he had joined Britton and 
 Jefkins in the bush. 
 
 Hall then set out with the police in pursuit of the 
 two remaining members of the gang, and knowing the 
 country he was able in a short time to drive them 
 from their haunts. The unfortunate woman whom 
 they had taken from the factory was discovered alone 
 in one of the gullies, the bushrangers having left her 
 behind in their flight. The search was continued for 
 several weeks without success, and it was generally 
 believed that all three criminals had escaped from the 
 colony. Hall received the reward from Government, 
 and obtained an appointment in the Sheriff's office, 
 which he held for many years, after which he left the 
 colony. 
 
 The bushrangers had not gone. In April, 1833, 
 they appeared on the Tamar, plundering right and left. 
 In October they became more daring. Lieutenant 
 Vaughan, Mr, Henty, of Landfall, and a neighbouring 
 hotelkeeper were all visited and robbed with much 
 audacity. Having shot a constable during this last 
 raid, the idea occurred to them of pretending to be 
 constables looking for themselves, and in this guise 
 they plundered the George Inn at Georgetown. The 
 Launceston press waxed indignant : rewards were 
 again offered for their capture, and increased : the 
 police were doubly active : but all to no purpose. Their 
 hunting through the bush was fruitless, although on 
 one occasion thev came across a boat which the bush-
 
 56 AUSTRALIAN BUSHRANGING. 
 
 rangers had only just left, and apparently in haste, as 
 though closely pressed ; for in it were found some bed- 
 ding, a couple of guns, and some provisions — the boat 
 having been hauled up a small creek that runs into the 
 Tamar. 
 
 On New Year's morning, 1835, the pilot on the 
 river conveyed some information to the police at 
 George Town which set them in active motion. He 
 had been looking through his glass and had observed 
 three men on the western beach, who he at first 
 thought must be excursionists or a hunting party ; but 
 closer observation led him to the conclusion that they 
 were either police or bushrangers. The chief district 
 constable and three others at once set out for Kelso 
 Bay, where the men had been seen, and on the road 
 met a shepherd who informed them that at midday he 
 had seen three men with heavy knapsacks and fire- 
 arms crossing the Badger. Camping on the road 
 that night the constable picked up the tracks on the 
 following morning on the beach, and from their fresh- 
 ness it was decided that the men could not be far ofT. 
 Resting on this discovery, the party leisurely break- 
 fasted, and then followed the tracks to the edge of the 
 bush. But here they were confronted by Britton, who 
 stepped out about sixty yards from them, challenged 
 Constable Smith (who happened to have come to the 
 colony in the same ship with him), and at once fired. 
 The fire was returned with interest by the police, when 
 Britton dropped on one knee as though to shelter him- 
 self behind a bush. Smith wanted to advance; the 
 chief constable, urging that it would be an unneces- 
 sary exposure of life, ordered a retreat, saying he 
 would get reinforcements and resume the pursuit next
 
 TASMANIAN GANGS. 57 
 
 day. Accordingly eight constables were told off next 
 day to follow the runaways, but, as might be expected, 
 the game had disappeared. 
 
 About three weeks after this Brown and Jjfkins 
 made their appearance at a limeburner's hut at Port 
 Sorell. They were emaciated, and declared they were 
 starving, having had no water for three days and noth- 
 ing to eat for five days but a parrot and a cockatoo. 
 They had pieces of blanket and leather tied about their 
 feet instead of shoes, while Brown had a grey jacket 
 drawn on instead of trousers and Jefkins had pieces of 
 blanket sewn around him. They tied their host up, 
 and camped with him for the night, but while moving 
 across to a bark-chopper's hut the next morning they 
 were surprised by the police. Brown shot a constable 
 (Britton's enemy, Smith), and was himself shot in the 
 shoulder. Jefkins ran up to his help, calling out to 
 his opponents "Come on, there's enough of you to eat 
 me." He fired two shots harmlessly, and was then hit 
 in the head. 
 
 Brown was taken with the two dead bodies to 
 George Town, but he did not long survive. As for 
 Britton, no more was ever heard of him. Brown be- 
 fore death owned that he (Britton) had been hit in the 
 first fight, and had been left behind in the bush with a 
 badly-injured leg while the other two went in search 
 of food. 
 
 The remains of Constable Smith were honoured 
 with a public funeral at which the whole of the police 
 and military attended. The others who were with him 
 at the time of the skirmish received the rewards that 
 had been offered for the capture of Jefkins and Brown, 
 and one unfortunate constable, who had been very
 
 58 AUSTRALIAN BUSHRANGING. 
 
 active in the ]mrsuit, but had been sent on other duties 
 on the day the capture was made, took the loss of the 
 reward so much to heart that he shot himself in the 
 stomach and died instantly. He was a prisoner con- 
 stable, and doubtless hungered for the free pardon and 
 passage "home" which would have been his portion of 
 the reward had he been present at the time of the cap- 
 ture.
 
 CHAPTER III. 
 TASMANIAN GANGS.— (Continued.) 
 
 CASH, KAVANAGH AND JONES. 
 
 Among the more notorious of the Van Diemen's 
 Land convict bushrangers of later days was Martin 
 Cash, who, first singly, and then in association with 
 Kavanagh and Jones, committed many depredations 
 among the small settlers during 1843, ^^^ some time 
 previous. 
 
 Cash was born in County V/exford, Ireland, and 
 in 1827, at the age of about 18 years, was transported 
 to Botany Bay for seven years for a deliberate attempt 
 to murder a rival of whom he was jealous. He was 
 well connected, and strenuous efforts were made by 
 his wealthy friends and relatives to obtain a mitigation 
 of the sentence, but without avail. He reached Syd- 
 ney in February, 1828 (by the "Marquis of Huntley"), 
 and was soon assigned to Mr. Bowman, of Richmond, 
 who presently placed him on a cattle station in the 
 Hunter district between Denman and Merriwa. By 
 steady service in a responsible position he won favour 
 from his master, and in due time obtained a ticket-of- 
 leave, which enabled^ him to engage with another 
 stock-owner as overseer at £20 per year. Gaining his 
 freedom by similar good conduct, he determined to 
 
 59
 
 6o AUSTRALIAN BUSHRANGING. 
 
 settle down on his own account ; but here, after nine 
 years of quiet, his troubles began. One morning he 
 was innocently branding cattle for an acquaintance 
 when two strangers rode up, watched the operation, 
 and again rode away ; after which his friend informed 
 him the cattle were stolen beasts and the men who had 
 ridden away would certainly report what they had 
 seen. This alarmed Cash considerably. "Norfolk 
 Island for life" was the punishment for illegally brand- 
 ing, and he made up his mind to leave the colony as 
 quickly as possible. He took with him a woman 
 whom he had some time before induced to leave her 
 husband (for convenience we will call her Mrs. Cash 
 in future), and, leaving her at Mudgee, set off to col- 
 lect for sale some cattle of his own from a distant 
 Namoi station. His treacherous friend of the brand- 
 ing episode had, however, sold these behind his back. 
 Cash accordingly recouped himself from his friend's 
 herd, sold the animals on his way back to Mudgee, 
 picked up Mrs. Cash there, and struck southwards to 
 Bathurst. His account of his stay there is an inter- 
 esting contribution to the social history of the time. 
 
 "On our entrance I noticed two gentlemen on the 
 verandah, one of whom proved to be the landlord. 
 We had not been long in the sitting-room before we 
 heard a knock at the door, a policeman making his ap- 
 pearance immediately after, who at once requested to 
 know what I was (meaning if I was free or bond). I 
 answered that I was a free man. lie next asked if I 
 had anything to show for it. On this I produced my 
 certificate of freedom, which satisfied him at once. I 
 treated him to a glass of brandy, after which he ex- 
 cused himself by saying that one of the men who was
 
 TASMANIAN GANGS. 
 
 6i 
 
 standing in the verandah was no other than the dis- 
 trict constable (Mr. Jones) who instructed him to 
 make the before-mentioned inquiries. 
 
 "On the foHowing morning I presented one of the 
 £5 cheques which I received from 'Gentleman Jones' 
 
 MARTIN CASH. 
 
 (who had pvirchased the cattle on the Namoi) in pay- 
 ment of my bill. The landlord, after examining it for 
 some time, returned me the change, and having re- 
 mained that day and the next, I changed the other £5 
 cheque also, and on finding that the landlord kept a 
 general store, I purchased wearing apparel and other
 
 62 AUSTRALIAN BUSHRANGING. 
 
 necessaries to the extent of £50, presenting a £150 
 cheque in payment. He examined this with greater 
 minuteness than the others, wishing to be informed 
 how it was that there appeared to be two different 
 handwritings on the face of the cheques, observing 
 that the amount on all the cheques which I had pre- 
 sented was evidently filled in by a lady. I accounted 
 for this by telling him that the lady who filled up the 
 cheques resided with 'Gentleman Jones,' but in what 
 relation she stood to that gentleman I could not at- 
 tempt to say. Not appearing to be satisfied with this 
 explanation, he observed that if I wished he would 
 send it to the bank, but I would not agree to this, tell- 
 ing him that I knew where I could get it cashed in a 
 moment. He then suggested that as there happened 
 
 to be a son-in-law of 'Gentleman Jones's' (a Mr. ) 
 
 keeping a public house at Gorman's Hill, within one 
 mile from Bathurst, he would send for him if I had no 
 objection, and if that gentleman vouched for the cor- 
 rectness of the cheque, he would cash it in a moment. 
 To this I consented, and in the course of an hour Mr. 
 
 arrived, and at once pronounced the cheque 
 
 genuine. He therefore gave me a written order on 
 the Bank at Maitland, on presenting which the cashier 
 commenced counting the notes. I told him that as I 
 did not believe they were current in all parts of the 
 colony, I preferred gold, but I had to take it in silver, 
 and my companion indulged in a laugh on seeing the 
 bag that contained it." 
 
 From Bathurst Cash made for Goulburn, and soon 
 got an engagement as dairyman under Captain Sturt, 
 the famous explorer, on his Mittagong station : but 
 quarrels with a new overseer forced him to throw up
 
 TASMANIAN GANGS. 63 
 
 this job, and he started for Sydney with a view of tak- 
 ing ship to Hobart Town. Near Camden he narrowly 
 escaped arrest by knocking down the constable who 
 stopped him, but reaching Sydney in safety he secured 
 passages to Hobart Town (£20 for himself and Mrs. 
 Cash, £5, exclusive of fodder, for his horse), and ar- 
 rived in the island early in 1837. 
 
 Within twelve months of setting foot in Van 
 Diemen's Land Cash's troubles commenced. On two 
 occasions he was wrongfully charged with theft ; and, 
 although the first case against him broke down, lie had 
 beaten the arresting constables so badly that he be- 
 came a "marked man." When brought up on the 
 second occasion he was convicted and sentenced to 
 seven years' transportation to one of the penal settle- 
 ments, some distance from Hobart Town. But he had 
 not been there more than a day when he efifected his 
 escape, having been sent out with a road-making party 
 to draw stones in a handcart. Choosing a suitable 
 spot and a favourable opportunity, he slipped away 
 from his companions and hid in the bush until dark- 
 ness had set in, when he started on his way back to 
 Campbell Town, where he had left the disconsolate 
 Mrs. Cash. During the night he stealthily entered the 
 kitchen of a settler, appropriated a quantity of pro- 
 visions, and pursued his journey until daylight, when, 
 turning ofif into the bush, he was in the act of cooking 
 some of the victuals at a fire he had kindled, when he 
 was pounced upon by three soldiers and retaken. For 
 thus escaping he was subsequently brought before the 
 Police Magistrate at Oatlands, and received an ad- 
 ditional sentence of nine months' hard labour in a 
 chain gang, and nine months in a road party.
 
 64 AUSTRALIAN BUSHRANGING. 
 
 While in gaol awaiting transit, Cash formed the 
 acquaintance of a fellow convict, to whom he unfolded 
 a plan of escape ; but the expected opportunity did not 
 present itself until some time after he had arrived at 
 his destination, and as his custodians had received a 
 report concerning his previous attempt at flight, he 
 was subjected to stricter surveillance than the other 
 prisoners. For greater security he was leg-ironed 
 with a pair of seven pound cross irons, and placed in a 
 barrack, surrounded by a stockade twelve feet high. 
 But he was equal to the emergency. Although with- 
 in sight and hearing of a gang of billetted hands, who 
 were working in the yard, he seized his opportunity, 
 procured a goodly sized stone, and resting the centre 
 ring connecting his leg irons upon another stone, 
 struck and broke it, thus disconnecting the irons, al- 
 though each leg still retained its separate adornment. 
 Fastening the chains about each leg beneath the knee, 
 he was prepared for action. The fitting moment ar- 
 rived when the billetted gang left the yard for "grub," 
 and seizing two night tubs that were lying near he 
 placed them end on end and mounting managed from 
 this perch to spring and catch the top of the palisade 
 with his hands and drag himself over into the public 
 thoroughfare. It was past 3 o'clock, and midwinter, 
 so nobody observed his descent into the street, and 
 walking quietly away he gained the bush, where he hid 
 until darkness had set in. Late at night he broke into 
 a mill and obtained a supply of provisions, then walk- 
 ing on till dawn, when he camped in the scrub and 
 spent the day getting rid of his irons. Near Spring- 
 hill he stole a good outfit of clothes, abandoning his 
 prison suit, and so was able to make his way less
 
 <? Tasmanl 
 
 Maingon Bay 
 
 Cliaoul 
 
 PORT ARTHUR AND THE TWO NECKS.
 
 TASMANIAN GANGS. 67 
 
 cautiously to Mrs. Cash, at Campbelltown. They de- 
 termined to leave Tasmania for Melbourne as soon as 
 might be : and, with a view to raising the necessary 
 cash, betook themselves to the Huon, having many 
 narrow escapes by the way. 
 
 In this district Cash and his escapades were un- 
 known, and after a steady year's work the money was 
 saved. But Justice was not to be baulked so easily of 
 its prey. They were detained a day or two in Hobart, 
 Cash was recognised, seized by six constables, and 
 again lodged in prison. Tried on the charge of ab- 
 sconding, his twelve months' honest work was put 
 down to "cleverness." "But," said the presiding 
 magistrate, the well-known John Price, "you will not 
 best me, Martin " and he got two years added to his 
 original sentence, and four years at Port Arthur be- 
 sides. 
 
 What Port Arthur meant will be known to all 
 readers of Marcus Clarke. Cash, however, was com- 
 paratively well ofif; he was strong and able to do all 
 the log-lifting imposed upon him, and so did not come 
 under the displeasure of the brutal overseers and sub- 
 overseers. 
 
 Still, he determined to escape — not immediately, 
 for it was midwinter — and took every opportunity of 
 learning the bearings of the land; particularly he 
 marked Eagle Hawk and East Bay Necks, the two 
 strips which must be crossed in order to reach the 
 main land, and which were guarded by armed sentries 
 and chained bloodhounds posted at equal distances 
 along them. But his movements were accelerated by 
 the harsh treatment of a sub-overseer ; he knocked the 
 man down, threw him over a steep bank into Long
 
 68 AUSTRALIAN BUSHRANGING. 
 
 Bay, and made a start for liberty. After a nic^ht and a 
 day in the Iwsli lie swam the inlet at Eat^le Hawk 
 Neck, but lost his way soon after, and five days after 
 bolting was captured, half starved, within a mile of the 
 second Neck. When brought before the command- 
 ant, O'H a B h, he escaped the lash by assum- 
 ing a very penitent attitude, but was sentenced to 
 eighteen months' hard labour in chains, and sent to 
 work in a stone quarry with other ironed prisoners. 
 Here he met with two men, Kavanagh and Jones, who 
 had been transported for robbery under arms, com- 
 mitted near Sydney ; and the three plotted a scheme for 
 simultaneous flight. These new comrades of his relied 
 greatly upon the man who had already proved his 
 ability as an absconder, and said they would trust im- 
 plicitly in his guidance when once they set foot upon 
 the road to liberty. 
 
 On the afternoon of Boxing Day Cash, who was 
 one of a gang that drew the stone carts, walked across 
 the quarry and looked steadily at his two mates. At 
 once they dropped their picks and sprang into the 
 scrub, followed by Cash himself. Almost as soon as 
 they started their absence was discovered by the sen- 
 tries ; a hue and cry was at once raised, and the rest of 
 the gang placed under strict guard, while as many 
 soldiers as could be spared set about searching for the 
 runaways ; the semaphore signals were also kept in full 
 play, so as to put all the sentries on their guard. Hav- 
 ing picked up a bundle containing some provisions, 
 which had been placed conveniently for them by one 
 of the cooks on the settlement who had been let into 
 the secret, the trio made their way through the scrub 
 to the foot of Mount Arthur. Here they hid for three
 
 TASMANIAN GANGS. 69 
 
 days, hoping- that by that time the sentries at the Neck 
 would have relaxed their vigilance. On th^ third 
 night they left their hiding place, and worked their 
 way northwards through the scrub, often on hands 
 and knees for a mile at a time, till their clothes were 
 torn to shreds. At dusk next day they came in sight 
 of Eagle Hawk Neck, and saw that the line was liter- 
 ally swarming with constables and prisoners. They 
 lay concealed for three hours waiting for the coast to 
 become clear, and then, with some trouble, swam the 
 inlet, as Cash had done before, but when they reached 
 the further side each one was stark naked, the clothes 
 having been washed from their heads by the waves 
 which had buffeted them in crossing. 
 
 Travelling without boots over rugged ironstone 
 ridges and forging through prickly scrub without 
 clothing to protect the body, were not pleasant exer- 
 cises. Cash, therefore, led his mates to a roadside 
 hut which he had noted on his last bolt, and fortu- 
 nately reached it when the soldiers and prisoners were 
 absent, except one man, who acted as cook. They 
 made a simultaneous rush, Kavanagh arming himself 
 with an axe which was standing at the door ; the cook, 
 seeing three naked men enter, completely lost his 
 head, and before he could recover his senses was 
 seized and securely lashed to one of the centre posts of 
 the hut. They then helped themselves to clothes, of 
 which there was an abundance, belonging to the 
 prisoners who were away at work, as well as to a quan- 
 tity of flour, beef, tea, sugar, and a flint and tinder box, 
 and departed. 
 
 Knowing that this last enterprise would give their 
 pursuers a clue to their whereabouts, and that a double
 
 70 AUSTRALIAN BUSHRANGING. 
 
 watch would therefore be kept at East Bay Neck, they 
 decided to conceal themselves for three or four days. 
 During this time they had a very narrow escape from 
 re-capture, as a party of soldiers passed within a few feet 
 of the spot where they lay concealed ; and a little later 
 on they nearly walked into the camp of one of the 
 parties in pursuit. Creeping towards the neck, how- 
 ever, on the third day and hiding in the bush until 
 nearly midnight, when only a few sentries remained 
 on duty, they took off their boots, crawled past one of 
 the sentry boxes, and got over the line into a paddock 
 of wheat on the other side, through which they again 
 crawled to the dense bush beyond. At last they 
 breathed freely. "If I had a crown of gold," said 
 Jones to Cash, "I would give it to you." "A little of 
 it in my pocket would be more useful," said Cash, sar- 
 donically. Then for three hours they skirted the bay 
 — on the right side of it now — and at the first halt, 
 dropped sound asleep till long after sunrise. 
 
 Next day when Kavanagh put the question what 
 was to be done, Jones answered, "Take up arms and 
 stand no repairs," and to this they all agreed, though 
 the decision meant certain death if they were ever 
 caught. Their next move, therefore, was towards the 
 more settled districts in the valley of the Derwent. At 
 Pittwater they obtained provender from a hut, and 
 proceeded towards Jerusalem, securing on their way a 
 couple of guns, with ammunition, and some decent 
 clothes. At Jerusalem a third gun and more pro- 
 visions were obtained, and a complete outfit of clothes 
 for each of them at the Bagdad publichouse. Still 
 making westward, they stuck up a farmer's house at 
 Broadmarsh, and then camped for a few days to pre-
 
 TASMANIAN GANGS. 73 
 
 pare for more serious business. They now decided to 
 attack the Woolpack Inn, about ten miles from New 
 Norfolk ; but before reaching the place they fell in 
 with a convict shepherd who told them that they would 
 encounter an armed party at the inn, as a party of con- 
 stables were stationed there. To this Cash replied 
 that an encounter would suit them very well, as it 
 would give them an opportunity of proving their 
 arms. 
 
 Having planted their swag about a quarter of a 
 mile away, they took the nearest road to the inn, and 
 immediately "bailed up" the landlady, her two sons, 
 and three men who were drinking there. While deal- 
 ing with them people were seen moving outside ; these 
 proved to be the advancing party of constables, who 
 had been made aware of the presence of the three 
 desperadoes. The latter at once marched outside the 
 house, Cash taking the lead. The leader of the party 
 challenged Cash to stand. He stood, but only to take 
 surer aim, and the challenger fell. There was an ex- 
 change of shots, but the darkness prevented any pro- 
 per aim, and no damage was done on either side. Kava- 
 nagh and Jones now retired without acquainting their 
 leader of the fact, and when he turned to speak to 
 them he found that he was alone. He then retreated 
 to the house, the constables apparently not caring to 
 follow, and having secured a keg of brandy got out 
 into the darkness and started for the spot where the 
 swag had been left. Here he found his two com- 
 panions ; and after holding a "council of war," and 
 testing the quality of the brandy, the gang retraced 
 their steps to the Dromedary. Three days later, after 
 pillaging a farmhouse for provisions, they reached the
 
 74 AUSTRALIAN BUSHRANGING. 
 
 house of an old acquaintance of Cash's, who enter- 
 tained them on the best and promised to take a mes- 
 sage to the town for Mrs. Cash, who was residing 
 there. On the way they learned that two of the con- 
 stables had been seriously wounded by their fire, but 
 not fatally. 
 
 Next morning the promise was fulfilled and Mrs. 
 Cash joined the party, who had in the meantime made 
 a kind of fortress of logs for themselves on the top of 
 the Dromedary. For three days they remained quiet, 
 and then set out to make a raid upon a large establish- 
 ment owned by a Mr. Shone. On the way they fell in 
 with a friend of the family, whom they compelled to go 
 with them, and having obtained entrance to the house 
 (the door having been opened to the voice of their 
 prisoner) they immediately ordered the occupants, 
 among whom were some ladies, to sit upon the floor. 
 Six or seven working hands belonging to the estab- 
 lishment were also brought up from an outhouse to 
 keep the owner and his family company, and two 
 young ladies and three gentlemen who drove up in a 
 vehicle on a visit were also, much to their surprise, 
 placed "under cover" with the other prisoners. Kava- 
 nagh kept guard over the imprisoned company while 
 Jones ransacked the house — "it being understood," 
 says Cash, "that the professional process exclusively 
 belonged to him" — and Cash watched outside. Before 
 the bushrangers left the ladies and gentlemen in the 
 room were relieved of their watches, jewellery, and 
 purses ; but the young ladies were not at all alarmed, 
 having heard that Cash and his mates were very con- 
 siderate in their treatment of the "weaker vessels" who 
 chanced to fall into their hands, and being now in a
 
 TASMANIAN GANGS. . 75 
 
 position to personally test the accuracy of the report. 
 Taking a respectful leave of their victims the bush- 
 rangers marched ofif, carrying their booty to what 
 they termed their fortress. They literally loaded Mrs. 
 Cash with silk dresses and jewellery from the store 
 which they had so readily acquired. 
 
 For three days the party remained at the fortress, 
 and then learned that a detachment of H.M. 51st 
 King's Own Light Infantry under Major Ainsworth 
 were scouring the bush in search of them. They then 
 decided to remain in hiding for a few days longer ; and 
 in order that Mrs. Cash might not be exposed to dan- 
 ger in case of an attack tl^ey escorted her part of the 
 way into the town and then left her. But the police 
 were on the watch, and she had not been long in town 
 before she was arrested on a charge of receiving stolen 
 property, some of the articles belonging to Mrs. Shone 
 being found in her possession. 
 
 Meanwhile the outlaws were not idle. They found 
 shelter for a time at the house they had visited before, 
 and from here they made two or three sorties upon 
 residents in the district. One of the places "stuck up" 
 by them was Mr. Hodgkinson's, that gentleman being 
 at home with his wife and daughter (described by Cash 
 as "a very pretty young woman about eighteen years 
 of age") at the time. Before searching the premises 
 they tied the old gentleman, although they admitted 
 afterwards that there was more need really to tie the 
 old lady, who persistently endeavoured to get out of 
 the house, the while giving the robbers "the length of 
 her tongue." At the request of Miss Hodgkinson 
 they set her father at liberty, but this did not satisfy 
 the mother, who made attacks upon Cash, and when
 
 76 AUSTRALIAN BUSHRANGING. 
 
 the three were leaving she followed them and kept 
 screaming after them until they were clear out of sight 
 of the farm. 
 
 A few days afterwards they attacked the residence 
 of Mr. Charles Kerr, in the Hamilton district. On 
 the morning of their arrival they secured two of Mr. 
 Kerr's shepherds, who gave them the necessary in- 
 formation concerning their master's premises, number 
 of hands in his employ, together with similar informa- 
 tion concerning other neighbouring settlers. Going 
 up to the house with these two men about dusk they 
 were met by a young lady, who immediately ran back 
 crying "Here are the bushrangers," and then fainted. 
 Leaving Kavanagh in charge of the men in the kit- 
 chen. Cash repaired to the drawing-room where he 
 found Mrs. Kerr and the young lady, whom he urged 
 not to be alarmed, as they should not be subjected to 
 any insult. At Cash's request Mrs. Kerr pointed out 
 the men's hut, and Cash and Kavanagh went there to 
 find Mr. Kerr and three working hands. Kavanagh 
 ordered one of the men to tie the others, but not liking 
 the manner in which he performed his work he did the 
 tying business over again himself, having to threaten 
 Mr. Kerr before he would submit to the indignity. 
 When the whole of the occupants had been placed in 
 one room, the robbers released Mr. Kerr and permitted 
 him to sit down in the room, and Jones, having pro- 
 duced writing materials, wrote the following letter to 
 his Excellency the Governor : — 
 
 "Messrs. Cash and Co. beg to notify his Excel- 
 lency Sir John Franklin and his satellites that a very 
 respectable person named Mrs. Cash is now falsely im- 
 prisoned in Hobart Town, and if the said Mrs. Cash is
 
 TASMANIAN GANGS. ^^ 
 
 not released forthwith, and properly remunerated, we 
 will, in the first instance, visit Government House, and 
 beginning with Sir John, administer a wholesome les- 
 son in the shape of a sound flogging ; after which we 
 will pay the same currency to all his followers. 
 
 "Given under our hands, this day, at the resi- 
 dence of Mr. Kerr, of Dunrobin. 
 
 "CASH 
 
 "KAVANAGH 
 
 "JONES. 
 
 "His Excellency the Governor." 
 
 It thus appeared that the gang had become aware 
 of the fact of Mrs. Cash's arrest. At the same time 
 they wrote and signed the following note to Mr. 
 Shone : — "Understanding through the public press 
 that Mrs. Cash is in custody for some things you have 
 sworn to, we hereby give you notice that if you prose- 
 cute Mrs. Cash we will come and burn you and all 
 you have to the ground." These letters Jones read to 
 the imprisoned company, and then the gang gathered 
 up the valuables in the house and took their departure, 
 Mr. Kerr urging them to give up their evil ways, and 
 offering to intercede on their behalf with the Gover- 
 nor; but they replied that they thought their letter 
 v/ould be a powerful appeal on their behalf, and Mr, 
 Kerr's kindly offer in this direction was politely de- 
 clined. They left the letters with him, however, to be 
 forwarded to their destination. 
 
 Two more attacks on stations in the Hamilton 
 district brought them in so much spoil that they de- 
 termined to rest awhile at their friend's house under 
 the Dromedary, where they had an old Irish fiddle: to 
 play to them.
 
 78 AUSTRALIAN BUSHRANGING. 
 
 Meanwhile the poHce were actively searching foi 
 them, but without success. In addition to a pecuniary 
 reward offered for the apprehension of the outlaws, the 
 Governor offered a free pardon and a free passage 
 from the colony to any convict who might be instru- 
 mental in their capture. The state of alarm into which 
 the community had been thrown was great. Even the 
 officials not actively engaged in the hunt were in fear, 
 as may be gathered from the following paragraph 
 which appeared in the Hobart Town "Advertiser" : — 
 "So universal has been the panic among the police that 
 the acting police magistrate, living in one of the most 
 populous towns in the country and at a distance of 
 several miles from the scene of their depredations, has 
 actually applied for a military force for his own par- 
 ticular protection, fancying, as he alleges, that he may 
 be carried off and obliged to pay ransom." The same 
 paper, of a later date, contained the following : — "The 
 perfect insufficiency of the police to apprehend Cash 
 and his troupe is at length acknowledged, after some 
 months' unavailing efforts. The military have been in 
 consequence ordered to their assistance. Thirty-nine 
 men, under the command of Lieutenant Doreton and 
 Mr. Stephenson, have been ordered to occupy several 
 posts in the district which has been the scene of their 
 daring exploits. Here, stationed at different points, 
 they may intercept them in their progress when neces- 
 sity compels them to leave their haunts, which the 
 knowledge of the locality renders secure while they 
 choose to remain in seclusion. We have no doubt 
 that these measures will prove successful." 
 
 While this arrangement was being m.ade the gang 
 were contemplating an attack upon Mr. Edol's estab-
 
 1 
 
 to cr, 
 ''So" 
 
 o <-o 
 
 PS? 
 
 WW 
 
 >5 
 
 p o 
 
 5" * , 
 
 3 ** 
 3g> 
 
 ; *1S' 
 
 .a- 
 
 3 > 
 
 = ^1 
 -.3 ^ 
 
 re" * ~ 
 
 S' 5 M 
 
 3--^ 
 
 Bn 
 
 
 3 "5 
 
 S o. 
 
 
 
 &3 
 
 c- -J 
 
 s 3 
 
 C re 3 3 g- >? 
 
 1- o 
 
 C re 3 3 S-!^ 
 g ^[^ 3-© * grt 
 
 „sr S o 2 B S 
 
 ^(^ O 2. 3 s B 
 re 05 " 2 £. ft" ^ 
 ^ 2.© g.S «iic 
 
 p ©■-! iire r 
 
 Q. i^re *-< • !l(^ 
 
 "= S 2 *^ JflS^ 
 «3 K2 
 
 
 K 
 
 H g^ p D — ^. <. 
 1 1^ '^ 2. ^ ^ 
 
 ^ f1 ^ 1. 39 
 
 ^5 =- 
 
 
 re e 
 re »s 
 
 re re © *■ ^ 2 
 
 
 ^S" w; 
 
 re 
 
 r? re o ^ 
 
 2 ©=3 re^^ i; 
 2 8= "^ ® -S" 
 
 'v; -5 © p 
 
 © 4- 
 3 3" 
 C 
 
 3 re ii« ™ s 
 r* re , 40 (*> 
 r 3 ^ ^ e ;^ 
 
 ~ a. © *• ■'^ 
 
 ' 'JS "^ 1^ CB ^n 
 
 - re _ © r* ^ 
 
 ^ ~ S^s. 1 1 
 
 B: '^ ^ f^ S3 
 
 , 'ifj' 
 
 o o h 
 re - ' 
 
 gp C "^ (^ ^ "^^ 
 
 ^ ® n ^ -•. O 
 
 ^ -'. cc fi- 3" 53 
 
 •<
 
 TASMANIAN GANGS. 8i 
 
 lishment, at the Bluff. They had heard that a party 
 of soldiers and police were stationed at the place and 
 appeared desirous of putting the prowess and bravery 
 of the detachment to the proof. Accordingly they 
 watched the place for some time and having (after the 
 plan usually adopted by them) intercepted one of the 
 men servants and obtained from his not unwilling lips 
 a full account of the strength of the inmates, they 
 made arrangements for the descent, taking the man 
 with them as a guide, and threatening him that if they 
 did not find his story true in every particular they 
 would "send him to sleep with a bullet in his brain." 
 The man told them that the first obstruction they 
 would meet with on the premises would be a very 
 savage dog; and sure enough, as soon as they entered 
 the gate a large mastiff flew at them. Cash met the 
 savage animal, and as it sprang open-mouthed at him, 
 he drew a pistol from his belt and rammed the muzzle 
 down its throat, at the same time pulling the trigger. 
 The dog fell dead at his feet. The members of the 
 gang were in momentary expectation of being fired 
 upon from the house, and they made a rush at once 
 for the verandah. Knocking at the door of a room in 
 which they observed a light and receiving no answer, 
 they together burst the door open and entered the 
 room to find Mr. Edols and his two nephews (young 
 men) sitting there with the ladies of the household, in 
 a great state of alarm. On looking behind the door 
 Kavanagh found three stand of arms all loaded with 
 ball, and subsequently Mr. Edols was found to have 
 about his person a pair of duelling pistols. After 
 twitting their victims with their want of pluck, the 
 gang broke the firearms, being afraid to discharge
 
 82 AUSTRALIAN BUSHRANGING. 
 
 them on account of the noise they would make, and 
 proceeded to help themselves ; then bidding the ladies 
 good night they left the place, and retired to their 
 "fortress." 
 
 They now struck northwards across Constitution 
 Hill, but in a few days grew tired of idleness — though 
 Cash seemed to have enlivened things with a discourse 
 on the vanity of human wishes, which made Jones de- 
 clare that mouths were made for eating, not for jabber. 
 Presently they came into open collision with a magis- 
 trate in the bush. Just before this Cash had coolly 
 walked into a public house bar in Greenponds, at 
 which several persons were drinking and purchased 
 two bottles of rum ; but although the inmates eyed him 
 suspiciously, and a constable looked in at the door, he 
 was not recognised, and an hour afterwards he had re- 
 joined his companions and was rehearsing the scene 
 to them. The magistrate, whose name was Clark, 
 was riding towards his residence, having as a follower 
 one of his assigned servants, armed, but on foot ; and 
 as soon as they came near the party Kavanagh ordered 
 the man to drop his gun, which command was 
 promptly obeyed, and master and man were then de- 
 tained by the gang and compelled to accompany them 
 to an adjoining farm, which they were about to "stick 
 up" ; Cash observing to the magistrate that he would 
 give him a lesson in the art of robbing and then set 
 him at liberty. On the road they met two other men, 
 who were also compelled to go with them. They 
 found the premises (Allardyce's) in charge of an over- 
 seer, whom they at once secured, together with the 
 workmen, and having driven them all into a room 
 with the other inmates of the house, they proceeded to
 
 TASMANIAN GANGS. 83 
 
 ransack the place. Before they left Clark requested 
 Cash to allow him to go to the Governor and sue for 
 terms, but the outlaw declined, saying that when Sir 
 John had them in custody he might dispose of them as 
 he thoi: ht fit, but that while they lived they would not 
 ask any favour at his hands. 
 
 Having replenished their store of provisions the 
 gang made for the Shannon, and for about a fortnight 
 their chief pastime was firing at targets marked on 
 the trees ; Cash declared that he "seldom failed to 
 place a bullet in the circle at a distance of 180 yards 
 and further." Soon the party were ready for fresh ex- 
 ploits ; and so we find them creating a sensation near 
 Lake Echo, "sticking up" the settlers, and even mak- 
 ing a successful raid upon the establishment of Cap- 
 tain McKay, who was renowned as a very determined 
 soldier, and a vigilant hunter of escaped criminals. As 
 usual they first visited one of the huts and obtained 
 from a shepherd full particulars of the place and the 
 habits of "the master," and then took the man with 
 them to prevent him raising an alarm. On the way 
 to the house, they fell in with a settler named Gelli- 
 brand, whom they also took along, making him go 
 forward and gain entrance for them. Captain McKay 
 and his servants were speedily placed under guard, 
 and the gang set to work to "entertain" them, liberally 
 handing round spirits and tobacco among the assigned 
 servants, who were strangers to such luxuries ; when 
 McKay protested he was reminded that he was not 
 now in command — "We're in charge now," said Kava- 
 nagh, "and I'll shoot the first man who leaves off smok- 
 ing." Having "looted" the house they loaded two of 
 Mr. McKay's horses with the booty and marched their
 
 84 AUSTRALIAN BUSHRANGING. 
 
 prisoners to Mr. GelHbrand's, where, after a short de- 
 lay, Cash gently upbraided nis captive host with lack 
 of hospitality, and so secured an invitation to tea for 
 the whole band. McKay was placed at the foot of the 
 table between two of his own men, much to that gen- 
 tleman's discomfiture. Only Cash's firmness, how- 
 ever, saved him from a worse fate : for Jones was very 
 anxious to fiog him as cruelly as he was wont to flog 
 his servants — a retaliation, said Jones, which he had 
 found to work well in New South Wales. Before 
 leaving the place with their "takings" the gang 
 stripped the whole party of their boots, in order to 
 prevent them from following them or giving the alarm 
 to others. They then speedily made their way back to 
 their old camp imder the Dromedary, and sent in all 
 haste to Hobart for their fiddler. While here Cash 
 learned from the papers that Mrs. Cash had been re- 
 leased by the Governor, and he flattered himself that 
 this was the result of the threatening letter he had sent 
 to his Excellency shortly after the arrest of that lady ; 
 but the truth of the matter was that she had been liber- 
 ated in the hope that some clue to Cash's movements 
 might be obtained through her, and that he might be 
 even induced to visit Hobart Town if he learned that- 
 she was living there in freedom. As will be seen 
 farther on, this ruse proved successful. 
 
 The next exploit of the bushrangers calling for 
 notice was an attack upon the residence of a well-to-do 
 settler named Kimberley, near Broadmarsh. On 
 reaching the house they found the door barred and the 
 inmates in bed, and as their demand for admittance 
 was not promptly answered, Kavanagh shot the lock 
 ofT the door and the three men entered. The first
 
 TASMANIAN GANGS. 87 
 
 thing Cash saw was a man trying to escape through 
 the window : he tried to drag him back, but the man's 
 belt came loose in his hands, and in it Cash found 
 fourteen rounds of ball cartridges. Mr. Kimberley 
 was found in bed in another room, with a loaded gun 
 standing near at hand ; he meekly rose when ordered, 
 and was led into another room, where four others had 
 already been placed. Kavanagh stood guard over 
 these while Jones proceeded to further search. Com- 
 ing to a door that was locked he applied the muzzle of 
 his piece to the lock and was about to fire when Cash 
 made him desist, saying he heard female voices in the 
 room. Mr. Kimberley then called out that his three 
 daughters were in the room, and then Cash told them 
 not to be alarmed, but to dress quickly and come out. 
 This they did, and having been transferred to Kava- 
 nagh's keeping, they had to look on with the others 
 while Cash and Jones ransacked the place. 
 
 Leaving Mr. Kimberley's they went oflf to the hut 
 of a friendly convict, left their knapsacks outside, and 
 sat down to supper. Suddenly they heard a voice out- 
 side saying "Surround the hut; we have them; here's 
 their swag." A party of soldiers and constables — ten 
 in all — had at last come within reach of the outlaws. 
 On hearing the exclamation Jones at once blew out 
 the light, while Cash seized his gun, opened the door 
 and fired both barrels right and left, at the same time 
 shouting "Come on, my hearties ; you have got us !" 
 There was no response, and Cash returned to the door 
 and reloaded his piece, Jones asking what should be 
 done. "We'll have to shoot two or three of them," 
 said Cash, and stepping outside again he loudly in- 
 quired if they were all dead, at the same time remind-
 
 88 AUSTRALIAN BUSHRANGING. 
 
 ing them of the large reward they would get for cap- 
 turing them, if they were only brave enough to try. 
 At this time there was a reward of £150 on the head 
 of each of the bushrangers, with 100 acres of land and 
 a free pardon, if the capturer happened to be a convict. 
 The three now advanced together about fifty yards 
 from the hut, but could not see their assailants. At 
 last they heard the soldiers at the hut calling upon 
 them to surrender; they fired, and the soldiers re- 
 turned their fire; one ball grazed Cash's ear, but did 
 not wound him ; but it was too dark to aim straight, 
 and the soldiers sought shelter in the hut. The bush- 
 rangers challenged them several times to "come out 
 and fight like men," but they contented themselves 
 with firing from their shelter, promptly answered from 
 the darkness outside. At last Cash and his mates be- 
 gan to think about retiring, but did not care to go 
 without their rugs and knapsacks ; Cash accordingly 
 crept up to the hut, but could find only one rug, which 
 he at once carried back to his mates ; and all three then 
 made for the Western Tiers, where they camped. 
 
 A few days afterwards the gang took a new de- 
 parture, and bailed up the passenger coach at Epping 
 Forest. There v/ere a number of passengers in the 
 coach at the time, including several ladies, but one of 
 the first things the bushrangers did, after stopping the 
 coach and telling the passengers to alight, was to as- 
 sure the ladies that they were "not the men to hurt 
 women." They emptied their purses, nevertheless, in 
 common with those of the male passengers, and then 
 allowed the coach to proceed, themselves making 
 across country in the direction of Ross, where they 
 varied the entertainment by attacking the residence of
 
 TASMANIAN GANGS. 89 
 
 Captain Horton, which was near the troopers' quar- 
 ters. Mrs. Horton escaped through a window and 
 ran into Ross to give information to the authorities, 
 but the soldiers arrived only to find that the birds had 
 flown. 
 
 During the next week Cash and his mates kept 
 quiet in the fastnesses of the Western Tiers, and it 
 was when starting from his hiding place bent on an- 
 other raid that an event happened which led to the 
 break-up of the gang. When travelling over some 
 very rocky ground Kavanagh fell, and his gun ex- 
 ploded, the ball entering his arm at the elbow and 
 coming out at the wrist. It was decided to return to- 
 wards Bothwell, in the hope of obtaining surgical as- 
 sistance from the township, as Kavanagh's wound was 
 a very serious one. Cash's plan was to find out where 
 the doctor lived, and march him off in custody to at- 
 tend to his wounded mate ; but the letting of blood ap- 
 pears to have deprived Kavanagh of some of his 
 bravery, and before this plan could be carried out he 
 determined to surrender himself to Mr. Clark, at 
 Cluny, an old acquaintance. Nothing that his com- 
 panions could do or say was effective in shaking 
 Kavanagh's determination, and finding that he was not 
 to be moved from his purpose, they accompanied him 
 within a short distance of Cluny and then left him. 
 
 Speaking of this affair. Cash subsequently wrote : 
 'T am sorry truth obliges me to say that Jones, while 
 on the road to Mr. Clark's, privately hinted the neces- 
 sity of shooting Kavanagh, being under the impres- 
 sion that he might reveal our haunts. I rebuked him 
 for making such a heartless proposition, observing 
 that had I been in Kavanagh's situation he would
 
 90 AUSTRALIAN BUSHRANGING. 
 
 treat me in like manner, and regretting very much to 
 hear him suggest anything so unmanly, I kept my 
 eye upon him until Kavanagh was far away on the 
 road, being of opinion that Jones would do almost 
 
 anything rather than forego his visit to Mrs. B n's 
 
 at the Dromedary. We returned in very bad spirits, 
 as neither of us liked the idea of Kavanagh giving 
 himself up to the authorities, although I never for a 
 moment thought that he would make disclosures to 
 injure us. For the first time I now became disgusted 
 with my calling, being of opinion, after what had lately 
 transpired, that there could be no confidence or friend- 
 ship between men placed in our position. But the die 
 was cast, and I was obliged to follow it up to the end." 
 After leaving Kavanagh, Cash and Jones made 
 
 their way back to Mrs. B n's house at Cobb's Hill, 
 
 half fearful that their former retreat would become a 
 trap, as it would undoubtedly have done if Kavanagh 
 had "split" upon them. But they found everything as 
 it was before, only their friends being in the house. 
 Cash, however, became suspicious, and could not 
 make up his mind to stay long. It was while waiting 
 here that they planned one of their most successful 
 robberies. Hearing that a Mr. Clark, of the Tea 
 Tree, had about £200 in the house they determined to 
 make a raid and possess themselves of that treasure ; 
 and under the guidance of one of their friends they 
 made their way to the place. Entering the house sud- 
 denly they gave the inmates no time to make resist- 
 ance; and almost before the astonishment created by 
 their visit had subsided they had disappeared again. 
 On the same night they bailed up the mail coach at 
 Spring Hill, relieving the driver and the passengers of
 
 TASMANIAN GANGS. 91 
 
 all their money, watches and jewellery, and the mail- 
 bags of all the letters having the appearance of con- 
 taining money. They also helped themselves to the 
 latest newspapers, intending to learn all contained 
 therein concerning the movements of the military and 
 constables, who were now accompanied in their re- 
 searches by black trackers. 
 
 At last Cash determined to visit Hobart and look 
 after Mrs. Cash, about whose conduct malicious 
 rumours had been spread. He arrived safely in town, 
 looked up his friend the old fiddler, and started with 
 him to find Mrs. Cash's house : but unfortunately he 
 was compelled to ask directions of a man in the street. 
 The man at once pointed out the house, but at the 
 same time called out to another man standing near, 
 "This is the party we are looking for," at which Cash 
 made ofif, the two men following him, firing at him as 
 he ran. The remainder is thus told by the Hobart 
 Town "Review": — "By this time a number of persons 
 had joined in the pursuit, and the alarm increasing, a 
 man named Cunliflfe, a carpenter, came from his house 
 as he passed, and lifting his hand Cash discharged his 
 pistol, which wounded Cunlifife in the fingers. Cash 
 then crossed Elizabeth-street and ran along Brisbane- 
 street, making for the paddock, and as he passed the 
 public-house called the Commodore, opposite Trinity 
 Church, one of the Penitentiary constables, named 
 Winstanley, seized him. A struggle ensued, when 
 Cash drew a pistol and shot him through the body : he 
 died the next day. A person named Oldfield coming 
 up, Cash fired at him, wounding him in the face. At 
 this moment another man tripped him up, and a num- 
 ber of persons arriving he was handcufifed, but not
 
 92 AUSTRALIAN BUSHRANGING. 
 
 until he had made much resistance, in the course of 
 which he was much beaten. He was then taken to 
 the Penitentiary to be identified, but he was so dis- 
 figured in the struggle to capture him that Mr. Gunn 
 could not then recognise him. He was, however, con- 
 veyed to the gaol, no doubt existing of his identity." 
 
 A week later the same paper contained the fol- 
 lowing: — "Cash and Kavanagh. — We have already 
 furnished our readers with full particulars of the cap- 
 ture of these unfortunate men. They were both tried 
 separately yesterday — Cash, for the murder of the con- 
 stable (Winstanley) ; Kavanagh, for the robbing of the 
 Launceston coach. Cash was defended by the late 
 Attorney-General, Mr. Edward Macdowell, who, al- 
 though evidently labouring (we sincerely regret to say) 
 under severe indisposition, yet defended the unhappy 
 man with his usual zealous judgment. The jury found 
 both prisoners guilty, but a point of law, as to whether 
 Winstanley knew Cash to be a proscribed absentee 
 when he met his death — whether the melancholy event, 
 deplorable as it was, could be wilful murder, a chief 
 element of which is malice prepense, and on some 
 other subjects, is reserved for the decision of both 
 judges." 
 
 Cash had walked into the dock in the most un- 
 concerned manner, and stood dvu-ing the trial with his 
 arms folded. He was dressed in blue jacket and 
 trousers, and blue striped shirt, a black handkerchief 
 round his neck, and a green one round his head to 
 cover up the wounds he had received at the time of 
 his capture. The indictment against him was drawn 
 up in the usual elaborate manner, charging him "for 
 that he did, on the 2yth August, with a certain pistol
 
 TASMANIAN GANGS. 95 
 
 of the value of five shillings, being then and there 
 loaded with gunpowder, which gunpowder exploded 
 and discharged a leaden bullet, which did strike, pros- 
 trate and wound the left breast of the said Peter Win- 
 stanley, of which wound he died on the 31st August." 
 Neither Cash nor Kavanagh made any defence for 
 themselves, except to say that they had never shed 
 blood where it was not absolutely essential to their own 
 safety — a statement which the judge admitted to be 
 true. On conviction they were removed to the cells 
 to await execution, but two days before the time ar- 
 rived they were informed that the sentence of death 
 had been commuted to transportation to Norfolk 
 Island for life. The intelligence of their respite was 
 conveyed to them by Rev. Father Therry, to whom 
 Cash had taken a great liking, and a few days after- 
 wards the two men, with twenty-two other convicts, 
 were placed on board the brig "Governor Phillip," and 
 conveyed to their new destination. Here Kavanagh 
 was hung within a year for joining in a mutiny ; Cash, 
 however, after many ups and downs, and (if we can 
 believe his own story at all) a great deal of petty perse- 
 cution from Commandant Price,* managed to escape 
 
 * With reference to the alleged petty persecution of Cash by Commandant 
 Price at Norfolk Island, the following statement on the other side is of interest, 
 I took it down from the lips of the late Mr. Frank Belstead, Secretary for Mines, 
 Tasmania, who was a young officer under Price at Norfolk Island when Cash 
 was there : — 
 
 " When Martin Cash was reprieved he was sent to Norfolk Island. Major 
 Childs was the Commandant, but he was shortly afterwards superseded by Mr. 
 Price. Soon after Price's arrival he sent for Cash. Cash came to the office. 
 I was present and heard all that passed. Price, after his manner, called Cash 
 by his christian name and chatled him. He said: 'Well, Martin, so you're 
 here, and I hear that you're going to make a long stay?' ' Yes, Sir,' said Martin. 
 ' Well,' said Price, ' I know all about you, and if you'll act on the square I'll lay 
 up to you.' He went on : ' It's a bargain, is it?' ' Yes, Sir,' said Cash. ' Well,' 
 said Price, 'remember that if you make a mistake I'll come down on you just as 
 I would on anybody else; but, if you conduct yourself, I'll give you every 
 chance.' ' Thank you, Sir,' said Cash. 
 
 "In a very short time Cash was made a sub-overseer. This gave him the 
 privilege of sleep-.ng in a hut, instead of being locked up in barracks with the
 
 96 AUSTRALIAN BUSHRANGING. 
 
 the utmost penalty. Through the instrumentality of 
 the commandant who succeeded Mr. Price, a petition 
 for a remission of his sentence was favourably received. 
 He served for a time as constable at the Cascade, and 
 having married a convict servant of the resident sur- 
 geon on the island, he went back to Van Diemen's 
 Land when the establishment at the island was broken 
 up. Here for a time he served as caretaker at the Go- 
 vernment Gardens, and subsequently went to New 
 Zealand, where he managed to accumulate a little pro- 
 perty. After residing in the land of the Maori four 
 years he returned to Tasmania, and purchased a farm 
 at Glenorchy, near Hobart, where he passed the re- 
 mainder of his days "in the calm and tranquil enjoy- 
 ment of rural retirement." 
 
 Jones, who had evaded capture for about seven 
 months after his leader had been captured, met his 
 death on the scafTold — a fate apparently due to his 
 own ferocity, which Cash had so often restrained. 
 After Cash had left the "Retreat" for Hobart Town, 
 Jones took up a fresh position on the Dromedary, and 
 formed a new gang with two runaway convicts. Dur- 
 ing one raid a woman refused to tell where money was 
 secreted, and in order to make her confess Jones tied- 
 her up, gagged her, heated a spade in the fire, and ap- 
 plied the red-hot iron to her legs, causing terrible in- 
 juries. On another occasion he deliberately shot a 
 
 ordinary prisoners at night. He had tea and sugar and could smoke if he chose — 
 a great privilege on Norfolk Island, though I think Cash was not a smoker." 
 
 Mr. Belstead then narrated the various steps of promotion which Cash got at 
 short intervals, and concluded by saying: — 
 
 " Cash conducted himself well, and Price kept his word to him, granting him 
 every indulgence that the regulations allowed, (ash had not the least reason to 
 complain of his treatment, and the statements he has made in his ' Life,' respect- 
 ing Price's harshness and cruelty to him are entirely without foundation in fact." 
 
 [For another view of Price at Norfolk Island, see Major de W inton's 
 "Soldiering Fifty Years Ago" (London, 1898), p. 130, ft jvi/.I
 
 TASMANIAN GANGS. 97 
 
 constable who was in pursuit of him, and subsequently 
 boasted of the murder. Shortly after this, however, 
 
 the woman at the "Retreat." Mrs. B , fearful for 
 
 her own safety, gave secret information to the authori- 
 ties, who set a watch and trapped the whole party of 
 bushrangers in the hut of a man who had been har- 
 bouring them on the Dromedary. Moore, one of the 
 gang, crept outside the hut on his hands and knees, 
 and was immediately shot by one of the constables. 
 Jones came out next, and received a heavy charge of 
 shot in the face, which blinded him, rendering his cap- 
 ture an easy matter. The other bushranger, Piatt, 
 was taken without being injured. Then followed trial, 
 conviction, and execution ; and for some time there- 
 after the peace of the residents in town and country in 
 that land of notorious bushrantrers was undisturbed.
 
 CHAPTER IV. 
 
 THE EARLY DAYS IN NEW SOUTH WALES. 
 
 DONOHOE, UNDERWOOD, AND WEBBER. 
 
 Donohoe and his gang were the most prominent 
 bushrangers of the olden time, and they kept the coun- 
 try in the vicinity of Liverpool, Windsor, and Penrith, 
 in a fever of alarm for about four years. John Dono- 
 hoe was a native of Dublin, and arrived as a prisoner 
 in the colony in 1825, being at the time quite a young 
 man. Shortly after his arrival he escaped to the bush 
 and was joined by ten or a dozen kindred spirits, who 
 formed a formidable band. They committed most 
 daring depredations, sometimes simultaneously in 
 different districts, the gang separating into three 
 parties, which would turn up in unexpected places. 
 Donohoe was a man of rather prepossessing appear- 
 ance, somewhat effeminate in features, having flaxen 
 hair and blue eyes ; but he was strongly built, five feet 
 four inches in height, and a veritable savage when 
 roused to anger by anything like resistance. His 
 chief mates were Walmsley, Webber, and Underwood, 
 these three being the first to join him. They were all 
 convicts, with the exception, it is said, of Underwood, 
 who was native born, and had joined the others from 
 sheer love of adventure. But he had one adventure
 
 THE EARLY DAYS IN N.S.W. 99 
 
 which he did not bargain for. After the quartette had 
 "been out" for some time, his companions ascertained 
 that Underwood was keeping- a diary of their proceed- 
 ings, and without further ado tliey put an end at once 
 to his ambition as a chronicler of interesting events 
 and to his Hfe by dehberately murdering him. 
 
 During four years the country rang with reports 
 of their desperate deeds, to narrate which in detail 
 would fill a volume. Cases of "sticking up" on the 
 road or in houses were of daily occurrence. Settlers 
 and others were robbed, completely stripped, and left 
 in the bush to make their way home as best they 
 could. Nor did the ladies even escape, for there were 
 several instances in which it was related that the rob- 
 bers had taken the earrings from their ears, and the 
 rings from their fingers — these outrages being com- 
 mitted close to Sydney. They had frecjuent fights 
 with the police, with results usually indefinite. 
 
 Here is a story told by one who subsequently 
 became mixed up a good deal with crime and crimi- 
 nals, having been appointed a detective under the 
 Government of both New South Wales and a neigh- 
 bouring colony : — 
 
 At this time I was in the employment of Mr. Wilfred, 
 who had a station near Bringelly, about 30 miles from Sydney. 
 One beautiful summer morning along with Mr. Wilfred I 
 started from Bringelly, in a chaise and pair, driving tandem. 
 I recollect that as we were about to leave, a gentleman con- 
 nected with the Union Bank remarked, "Now, Mr. Wilfred, 
 mind you do not fall in with those boys in the bush." "Oh, 
 no fear," replied Mr. Wilfred, "I have travelled the road for 
 years, and I have never met with a bushranger." But we 
 know the proverb of how often the pitcher may go to the well 
 before it is broken. 
 
 All went u'cll until we got about a mile and a half beyond 
 Liverpool. This hamlet, which was dignified by being con- 
 sidered a township, anu borrowed the name of the shipping
 
 100 
 
 AUSTRALIAN BUSHRANGING. 
 
 metropolis of Britain, consisted then, whatever it may be now, 
 of about a dozen little huts or shanties, inhabited by what 
 were termed "Dungaree," or "Stringybark settlers." These 
 people had a small patch of ground, on which they grew 
 maize, and this grain constituted almost their only article of 
 diet, for they considered it a luxury if they could obtain a 
 few pints of flour in the course of a year to mix with the 
 maize meal. They would indeed sometimes grow wheat, but 
 they could not aflford to consume it. They brought it to 
 
 D. 17. 
 
 4o TICKET OF LEAVE PASSPORT. 
 
 TheBcarfr c^:^'pA'i^ UU^U 
 
 ■^ 
 
 I -jr — , - , 
 
 ; Convict by the Ship ,,^^l^j^^U^-^ £ _; holding a 
 
 I Ticket of Leave No. ^//y^/jt) for the District of ^^U--»<i^ 
 
 *hich is deposited ii/Vne Police OfiSce at ^ /iHl^ ■ 
 
 \ and whose personal DescripticD and Signature are OD the other side, baa obtauied , 
 
 , the penuissioD of His Excellency the Governor to /ZjL-.^^.'Ci!^ A^ /^r<a(***^t-' 
 
 
 y^ ji^ 
 
 '-C't^^l.C^ 
 
 / 
 
 \J<i4^iJ^:*<^ 
 
 y 
 
 for \,^^4^ca*<-^ monthB, for the dat« hereof, conforming himself in every 
 respect, Euxording to the regulations laid down for the guidance of ConvicU of hi* 
 
 Given at the OJfice of thrPrineipal Superintendent of Convicts, 
 Sydney, this y^fCc/i^ 
 One Thousand Eiifht Hundred and /^i^ijp <^^ — 
 
 'S***^ Day of ^a^^i*'t'ts,.<.^^ 
 Hundred and jf^i^^ f/*^ — ^ 
 
 Chief Clerk. 
 
 market, and one of the principal purchases which they made 
 with the proceeds of the sale was a keg of rum, necessary for 
 the annual rejoicing which they had at the end of harvest, 
 when they drank the spirits from the pannikins, and for a few 
 days the equanimity and monotony of their simple mode of 
 life would be disturbed by unusual revelry. Well we had not 
 got two miles past the settlement of this enterprising band of 
 colonists, when in a piece of thick iron-bark scrub, at a sharp 
 turn of the road known as Stamford Hill, we were stopped by
 
 THE EARLY DAYS IN N.S.W. loi 
 
 three noted bushrangers mounted on horseback. One ap- 
 peared on either side, and one a short distance in front, and 
 each presented a fowling piece. Of course, resistance was 
 out of the question; we were but two to three, and we were 
 covered by their muskets. They ordered us to "stand," 
 and we had no alternative but to obey. Mr. Wilfred then in 
 obedience to their further commands, stepped out of the 
 chaise, when they not only robbed him of his watch, money 
 and jewellery, but also completely stripped him of his clothes, 
 leaving him with nothing on save his shirt. 
 
 "Now, Mr. Flunkey," said one of the worthy trio to me, 
 "it's your turn." I was subjected to a close search, but as I 
 had only a few shillings in my possession, they allowed me to 
 retain the money, and I was anticipating that I would be 
 permitted to go "scot free," when the attention of one of the 
 men whom I afterwards recognised as Webber, was attracted 
 by a pair of strong kip boots which I wore. They were 
 colonial-made, and rare in those days, and were much prized 
 by bushmen. "Oh," said Webber, just as I thought they 
 were done with me, "but I must have his boots; they will just 
 suit me." Accordingly, I had to denude myself, however un- 
 willingly, of my envied boots, when Webber put them on, 
 and declared them to be a "deuced good fit." 
 
 The chaise was next made the subject of their delicate 
 attentions. As luck would have it, we had in the vehich some 
 twelve or fifteen pounds of powder, which we were taking to 
 Mr. Lowe, a magistrate, who lived about two miles from 
 Bringelly, to be used in duck and kangaroo shooting. The 
 free-booters (the name seems specially appropriate when I 
 consider how they treated my pedal coverings) were exceed- 
 ingly pleased with this prize, which they declared was "just 
 what they wanted;" and, having tied the whole of their plun- 
 der on their horses, they bade us good day, and disappeared, 
 in the greatest good humour. 
 
 I had to drive back to Liverpool and obtain some cloth- 
 ing for the denuded Mr. Wilfred, after which we continued 
 our journey, and arrived with no further casualty at Bringelly. 
 
 A Mr. Eaton was proceeding from Sydney to- 
 wards Liverpool on horseback when Donohoe or one 
 of his gang fired at him from the side of the road 
 and severely wounded him. After he had fallen two 
 members of the gang robbed him of his money and 
 valuables and a portion of his clothing and then de- 
 camped, leaving him bleeding on the road. Before
 
 102 AUSTRALIAN BUSHRANGING. 
 
 nightfall, however, some settlers on their way to town 
 picked Mr. Eaton up and carried him home. 
 
 Next day a young man who had gone up to in- 
 spect some cattle at Liverpool was deliberately shot 
 in the neck and chest when on the road, and as Dono- 
 hoe and Underwood were then in the neighbourhood 
 they received credit for the outrage. No attempt was 
 made to rob the victim, who was left lying on the 
 road. 
 
 The "Australian," a Sydney newspaper, published 
 
 the following paragraph about this time : — 
 
 Donohoe. the notorious bushranger, whose name is a 
 terror in some parts of the country, though we fancy he has 
 more credit given to him for outrages then he is deserving 
 of, is said to liave been seen by a party well acquainted with 
 his person, in Sydney, enjoying, not more than a couple of 
 days ago, quite at ease apparently, a cooling beverage, de- 
 rived from the contents of a ginger-beer bottle. 
 
 As a commentary upon this it may be stated that 
 no less than six cases of "sticking-up" occurred on 
 the Parramatta-road during the ensuing week. 
 
 So great became the alarm that travellers joined 
 on the road for mutual protection, and a newspaper 
 of the day offered the following comments : — 
 
 For the past few days there have been fewer instances of 
 robbery than there were during the last week or two; yet 
 travelling is far from safe^even between Sydney and Parra- 
 matta many persons rather than venture alone still jog along 
 in sixes and sevens, or keep up, for protection, with the 
 coaches. Some half dozen constables or so, we believe, have 
 been packed ofi along the Parramatta and Liverpool Roads, 
 but have returned to town, as usual safe and sound, but empty 
 handed. Not so in Van Diemcn's Land — when the bush- 
 rangers were plaj'ing their worst pranks, the Lieutenant- 
 Governor himself set forth in search of them, and even now 
 Colonel Artlun- threatens to ])ursue the refractory aborigines 
 in person through the island. But here, with a moimted 
 jiolice and a police establishment, which if not effective is not 
 for want of expense, and a strong garrison of armed soldiery, 
 the bushranging gentry seem to carry on their pranks almost
 
 THE EARLY DAYS IN N.S.W. 103 
 
 without molestation. If the constables cannot be depended 
 upon or spared in sufficient numbers, there is the horse- 
 police; and surely out of 800 soldiers, 40 or 50 picked men 
 might be dubbed constables, pro tempore, and despatched to 
 scour the roads of those marauders who, though compara- 
 tively few and weak in number, by the comparative impunity 
 they are allowed to enjoy, carry terror and devastation into 
 the huts of the lonely settlers. Some effective measures 
 should be taken, and that speedily, to suppress this alarming 
 evil. 
 
 One evening in September, 1829, Donohoe and 
 Underwood entered the hut on Sir J. Jamieson's 
 estate, and having tied up the inmates proceeded to 
 cook supper for themselves. Donohoe actually made 
 preparation to burn the hut with its inmates, but was 
 prevented by his companion from carrying out his 
 cruel design. Going to the other extreme, he then 
 forced the unfortunate victims in the hut to drink a 
 large quantity of rum, and having further secured their 
 hands and feet, the robbers walked ofif with everything 
 they could carry. 
 
 At this time a reward of £ 100 was offered by the 
 Government for the capture of the two men. If the 
 captor was a convict he would receive a ticket-of-leave 
 as well as the money. 
 
 They then went up the mountains, well mounted 
 and armed, Fish River and Mount York being re- 
 ported as their camping grounds. Just at this time 
 the Governor was making an ofificial visit to Bathurst, 
 attended by a strong body guard, and a hope was ex- 
 pressed that they would fall in with the bushrangers, 
 but that hope was not realised. 
 
 The following is the full text of a letter written 
 from Windsor shortly after the occurrence therein 
 narrated took place : — 
 
 On Thursday, 14th instant, as two carts laden with divers
 
 I04 AUSTRALIAN BUSHRANGING. 
 
 property belonging to Mr. McQuade, shopkeeper, Windsor, 
 were returning from Sydney, and when within two miles of 
 Windsor three armed men rushed out from the bush and 
 ordered the carters to stand. They pulled up, and then found 
 the three men to be Donohoe, Walmsley, and Webber, the 
 bushrangers. The bandits commanded them to drive into 
 the bush about 40 rods, and arrived at the spot Donohoe 
 questioned them as to the owners of the stores in the cart, 
 and also sought information as to the movements of the chief 
 constable and police magistrate of Windsor. Walmsley was 
 then placed to keep the carters under cover while the other 
 two proceeded to ransack the carts, making one of the carters 
 assist. In one cart was a crate of earthenware, a large quan- 
 tity of print and calico pieces, and two bags of sugar. The 
 bushrangers removed all the print pieces, etc., but left the 
 earthenware, and cursed the drivers for not having some to- 
 bacco on board. Donohoe said he would give all the rest of 
 the stufif for half a basket of tobacco, and one of the carters 
 innocently said "If you let me know where I shall leave you 
 some I will in less than two hours deposit two pounds for 
 you anywhere." Donohoe answered rather angrily "What a 
 flat I am." Just then another vehicle was heard passing 
 al-ong the road, and Donohoe said if they were not busy they 
 would bail up the occupants, but they could not do it just 
 then. It subsequently transpired that the travellers were the 
 Police Magistrate and Mr. Richardson, the surveyor. There 
 was a crate of rum in one cart among the other things, and 
 this Webber broached, the men expressing regret that there 
 was not a small crock or keg to put the liquor in. Donohoe 
 and Walmsley drank very little but Webber drank so much 
 as to call forth a reproof from his leader, when he replied "I 
 wish I could get some of this when under the gallows"; then 
 Donohoe replied "I would rather meet my death by a ball 
 than the gallows." Donohoe is represented as being lame in 
 the left arm about the shoulder, but remarkably active never- 
 theless. On one occasion, rather than go round the cart he 
 put one hand on the horse's rump and sprang to the other 
 side with remarkable ease and agility. One of the three pro- 
 posed to take a bag of sugar amongst the other articles, but 
 Donohoe objected, saying that he would not be burdened: 
 but he made one of the carters hold the bag while he cut it 
 open and emptied some of the contents into a small corn bag. 
 
 They conversed rather freely with one of the carters, ac- 
 knowledging that they had been harassed of late, and that 
 they were very short of bread. In rejoinder to something 
 the other carter said Donohoe assured him angrily that they 
 were not afraid of the chief constable and all his bloodhounds, 
 and dared him to send them all out after them as soon as he
 
 THE EARLY DAYS IN N.S.W. 105 
 
 got into Windsor. "Tell him," said he, "to send us half a 
 dozen flannel shirts, as the nights are cold; tell him somebody 
 else knows the bush as well as him, and that we know he has 
 been after us three weeks at a time; if you have any mind to 
 keep any part of these things in the cart do so and lay it all 
 on us and welcome, we've got enough." Boyle (the carter) 
 turned all his pockets inside out to convince the bushrangers 
 that he had no tobacco, and Donohoe, looking at the spirits, 
 
 said, "D the rum; I'd sooner have a loaf or some tobacco 
 
 than all the stuff." Quin, the carter, said that the affair 
 
 would go hard with him, as he was only just free and would 
 be made answerable for the goods. "Ah," said Webber, "What 
 would I give if I were free!" Donohoe then made two pack- 
 ages of the fifty pieces of print and fine pieces of calico, and 
 a third package of the sugar, and tied them with a strand of 
 the cart rope so that they would fit over each man's shoulders 
 and leave the arms free. Thej' were all well armed, having 
 each a brace or more of pistols siting before them, by leather 
 belts around the body and holsters to hold them. In ad- 
 dition to the pistols Donohoe and Webber each had an ex- 
 cellent fowling piece. They all presented a remarkably clean 
 appearance, and were dressed as follows: — Donohoe — black 
 hat, superfine blue cloth coat lined with silk, surtout fashion, 
 plaited shirt (good quality), laced boots rather worn at the 
 toes and snuff coloured trousers; Walmsley — black hat, shoot- 
 ing jacket with double pockets, blue cloth trousers, plaited 
 shirt and laced boots; Webber — black hat, blue jacket, 
 plaited shirt, with very handsome silk handkerchief round the 
 neck, blue trousers and laced boots. 
 
 After shaking hands with the carters the bushrangers 
 rode away, Donohoe saying that if it were not for the large 
 reward offered for him, he would go to Sydney, "fence the 
 swag" and leave the country. 
 
 Quinn and Boyle immediately reloaded what was left into 
 the carts and went into Windsor and reported the matter to 
 the chief constable, who proceeded himself with the horse 
 police in search of the desperadoes. Black Jemmy also went 
 out and tracked the footsteps of three men until darkness 
 came on. The constabulary then watched for fires during 
 the night, but Donohoe was no novice, and doubtless travelled 
 during the darkness and rested in the day. From the fact 
 of the bushrangers being able to find a market for so much 
 calico and print, there can be no doubt that they have some 
 receivers, and consequently friends who supply them with 
 comforts and information concerning the movements of the 
 police. 
 
 So the game went on. Mr. Lawrence Dulhunty,
 
 io6 
 
 AUSTRALIAN BUSHRANGING. 
 
 who had helped to capture Mustin, was caught, and 
 stripped naked in revenge, and narrowly escaped hav- 
 ing his ears cut off. Mr. Blaxland, of Newington, 
 
 D. 3. 
 
 PASS. 
 
 per Ship 
 
 PERMIT (c^OT^^^^^t^ ^a^/d^s^^i-^^ ^ 
 
 whose (icscription and personal Signature are on the olhcr side, to pass 
 
 from hence to ' C^^^^^^-^^^^ fof 
 
 the purpose of ^lU^-^^L^ .^C^ .X^/c^ J^ 
 
 This Pass to be in force for 
 Oiven at 
 
 C^AfJ Day.i and no longer. 
 ^m.eJl, ihii — J^J^U- Day of C^-^ - \&//C:) 
 
 TO ALL WHOM IT MAV CONCERN. 
 
 / 
 
 A ///^ 
 
 was stopped in his own drive, and only saved from 
 their brutal treatment by iho bravery of his daughters. 
 ( )ne day the gang would be heard of as robbing a
 
 THE EARLY DAYS IN N.S.W. 107 
 
 traveller within a few miles of Sydney, and the next as 
 having stuck up a store or station a hundred miles 
 from the quarter where they had been last seen. 
 Donohoe was. indeed, once arrested, but while being 
 brought from the prison to the court, he succeeded in 
 effecting his escape. A hero l^efore in the estimation 
 of the ignorant and tainted portion of the population, 
 he was now regarded as possessing a charmed life. 
 At one time he was said to be at the head of at least a 
 score of bushrangers, and all the efforts of the con- 
 stabulary to break up the gang proved unavailing. 
 
 At last the residents rose in their own protection. 
 A number of gentlemen formed themselves into a 
 corps to clear the country of the band of desperadoes, 
 and they arranged and carried out their plans effec- 
 tively. Wisely determining that it would be futile to 
 chase the marauders through the country, the vohm- 
 teers took post near Bringelly, which was one of 
 Donohoe's favourite resorts. It was not long before 
 the banditti paid a visit to this locality, and made their 
 head quarters in a peculiar recess in the bush, which 
 was known to their pursuers. Thither the volunteer 
 corps, to the number of about a dozen, repaired, in the 
 hope of being able to surprise the bandit camp. The 
 feet of one of the horses, however, dislodged a stone, 
 which, rattling down a precipice, alarmed the bush- 
 rangers, and they prepared to give their assailants a 
 warm reception. Being about equally matched a 
 sharp action took place, in which several men and 
 horses on both sides were wounded, but none fatally. 
 At length, the assailants, finding they could secure no 
 decided superiority, feigned an attack, when the bush- 
 rangers fell back and the volunteers, taking advantage
 
 io8 AUSTRALIAN BUSHRANGING. 
 
 of the opportunity, turned and retreated, in order to 
 obtain a reinforcement of mounted police who were 
 in the neighbourhood. 
 
 Joined by the troopers, the volunteers renewed 
 the fight. Both parties fought best under cover, con- 
 cealing themselves behind trees and firing on any 
 opponent who exposed himself. There was among 
 them an old soldier, a good marksman, who selected 
 the bandit chief for his victim. He watched for his 
 opportunity when Donohoe was looking from behind 
 the tree at which he had taken his stand, and fired on 
 the instant; both the bullets with which the musket 
 was loaded took efifect in the bushranger's head. 
 Their leader slain, the bushrangers took to flight, and 
 most of them succeeded in effecting their escape. On 
 the person of Donohoe there was found a small pistol, 
 loaded, with which it was said he intended to commit 
 suicide if at any time he should find escape impossible. 
 
 Walmsley and Webber, the other two leaders, 
 held out a little longer, until the former, it is believed, 
 betrayed his comrade. While they were in the act of 
 sticking-up a gentleman and his carriage on the Wes- 
 tern Road, they found themselves in an instant sur- 
 rounded by a body of police who conveyed them to 
 Sydney. Walmsley turned King's evidence against 
 Webber, and caused great consternation among his 
 old friends in the bush by giving full information as to 
 how they disposed of the whole proceeds of the rob- 
 beries. The houses of some thirty different people 
 were searched and a large amount of valuable property 
 was recovered. Webber was convicted and hanged, 
 while Walmsley was transhipped to Van Diemen's 
 Land. The receivers of the stolen property, against
 
 THE EARLY DAYS IN N.S.W. 109 
 
 whom Walmsley gave information, were sentenced to 
 various terms of imprisonment, and the reign of terror 
 in the New South Wales bush was brought to a close. 
 
 TRAPPING HARBOURERS. 
 
 In the old convict days harbourers of bushrangers 
 
 and runaways were looked upon and treated as a very 
 
 "bad lot" — as, indeed, they were, for without 
 
 their shelter and assistance the career of many 
 
 a bushranger would have been cut short 
 
 speedily. Hence, hutkeepers and others who 
 
 were convicted of "harbouring" were without much 
 
 ceremony handed over to the public flogger or the 
 
 gaoler, and most curious means were occasionally 
 
 adopted by the police in their detection. Here, for 
 
 instance, is one story of the kind, told by the trapper 
 
 himself in an affidavit : — 
 
 Westmoreland. — To Wit: William Christie came before 
 me, one of His Majesty's Justices of the Peace for the said 
 colony, and maketh oath and saith: That on the 24th day of 
 August, 1825, being at the head of a party of constables and 
 others in pursuit of bushrangers in the neighbourhood of 
 Bathurst, he deemed it necessary to send forward one of 
 said party named Matthew Menfield, disguised in the charac- 
 ter of and personating a bushranger; that accordingly the 
 said Matthew Menfield went forward in the above character 
 to a hut occupied by shepherds belonging to Mr. Icely, where 
 he remained until the arrival of deponent and his party, and 
 when he saw them coming up he (Menfield) went into the 
 hut and pretended to secrete himself from the party, which he 
 appeared to be afraid of. On inquiring of the hutkeeper, James 
 McAulifFe, if he saw a man pass by dressed in a factory frock 
 and straw hat and with a gun, he said the hutkeeper told a 
 falsehood by stating that he saw a man answering this de- 
 scription pass by, and pretended to point out the road which 
 he had run. Deponent then ordered one of his party, named 
 Thomas Dawson, to dismount from his horse and search the 
 hut, which he did accordingly, and found secreted therein the 
 said Matthew Menfield. Deponent then ordered another of
 
 no AUSTRALIAN BUSHRANGING. 
 
 the party, named Patrick Blanchfield, to handcuff the hut- 
 keeper, when the hutkeeper said to the said Patrick Blanch- 
 field words to the following purport: — "You rascal, 
 
 many a time yourself and others have come this way hungry 
 and had your bellies filled, and this is the way I am repaid for 
 it." Deponent then took him some distance from the hut 
 and liberated him, telling him he would call for him on his 
 return, and then proceeded with his party in search of bush- 
 rangers. Deponent further stated that on the same 
 night, after he had left the abovementioned hut, he sent Men- 
 field on to Captain Piper's station and to act in a similar 
 manner, and on the arrival of Menfield at the hut he found 
 two shepherds and a hutkeeper, and they objected to admit 
 him, but told him they would give him bread and meat, and 
 that two men would be in immediately. He received the 
 bread and meat, and then returned to deponent and told him 
 the circumstances. 
 
 The tmfortunate McAiiliffe received a round two 
 dozen, with an extra stroke "given in," as a lesson not 
 to open his door to a bushranger in the ftiture. What 
 a poor chance had men in those days of entertaining 
 angels unawares ! 
 
 The harbourer, once caught, might expect severe 
 treatment, as will be seen from the Act here given : — 
 ANNO QUINTO 
 GEORGII IV. REGIS. NO. 3 
 
 By His Excellency Sir Thomas Brisbane, K.C.B., Governoi 
 
 of the Colony of New South Wales, &c., &c., &c., with 
 
 the Advice of the Council. 
 (An Act to prevent the Harbouring of Runaway Convicts 
 and the Encouraging of Convicts Tippling or 
 Gambling. — January 19, 1825.) 
 
 Whereas the Harbouring and Employing of Runaway 
 Convicts greatly encoiu'ages them to abscond from their 
 lawful services, and mislead the Thoughtless into bad 
 Courses of Life; and the Harbourers and Employers of such 
 Convicts frequently become the Receivers of Stolen Goods, 
 and conceal dangerous Offenders from Justice: — 
 
 Now, therefore, be it enacted, by His Excellency the 
 Governor of New South Wales, with the Advice of the Coun- 
 cil, That, from and after the First Day of February next, any 
 Householder, Settler, or other Person in the Colony of New 
 South Wales, or any of its Dependencies, harbouring in or 
 about his or her House, Lands, or otherwise, or in any Man-
 
 THE EARLY DAYS IN N.S.W. in 
 
 ner emplo3'ing any Person illegally at large, shall pay to Our 
 Lord the King a sum of not less than Five Dollars, nor more 
 than Fifty Dollars, for every such ofYence; and a further sum 
 of One Dollar for each and every Day he, she, or they shall 
 so harbour or employ such Person, whether kiiowing or not 
 knowing him or her to be illegally at large: And the said 
 Fine or Fines shall be leviable, upon Conviction of the said 
 Harbourer or Harbourers, Employer or Emploj^ers, by two 
 Justices of the people, in a summary Way, upon the Oath of 
 one Witness, or other legal Proof. 
 
 IL Provided always, that if any Hoviseholder, Settler, or 
 other person, shall be desirous of employing any 
 Laborer or other Servant, and of ascertaining whether such 
 Laborer or other Servant is at large contrary to the legal 
 Regulations of the said Colony, it shall be lawful for such 
 Householder, Settler, or other Person, to apply to any Justice 
 of the Peace residing within the district where such Laborer 
 or other Servant is engaged, or intended to be employed, to 
 enquire into the Fact whether such Laborer or other Servant 
 is or is not at Large contrary to such Regulations; and such 
 Justice of the Peace is hereby authorised and required, upon 
 such Application forthwith, to cause every such Laborer, and 
 other Servant, to come before him, and enquire into such 
 Fact as aforesaid; and if it shall appear, to the satisfaction of 
 the said Justice of the Peace, that such Laborer or other 
 Servant is not at Large contrary to the said Regulations, 
 such Justice shall grant a certificate to that effect, imder his 
 hand, to such Householder, Settler, or other Person so apply- 
 ing, and it shall be lawful for such Householder, Settler or 
 other Person, to employ such Laborer or other Servant with- 
 out incurring or being liable to any Fine or Fines as afore- 
 said. 
 
 in. And whereas convicts in the service of the Crown, 
 or assigned to private Settlers and other Individuals, fre- 
 quently resort to Drinking or Gambling Houses, to the great 
 injury of their Masters, and Detriment to public Order. 
 Now, therefore, for the prevention thereof, and in order to 
 compel such convicts to confine themselves to their lawful 
 Stations and Business, be it further enacted, That the Occu- 
 pier or Person in Possession of every House, being licensed 
 to sell Ale, Beer, or Spirituous Liquors, shall pay to the 
 King a Fine, not exceeding Twenty Dollars, nor less than 
 Four Dollars; and the Occupier, or Person in Possession of 
 every House, not being so licensed, shall pay to the King a 
 Fine not exceeding Forty Dollars nor less than Eight Dol- 
 lars, for every such Convict as aforesaid, who shall be proved 
 by the Oath of one Person, or by any other legal proof, be- 
 fore any two Justices of the Peace, in a summary way, to
 
 112 AUSTRALIAN BUSTIRANGING. 
 
 have been, and been received, at such house as aforesaid, 
 for the purpose of Drinking or Gambhng as aforesaid, 
 without the leave of his Overseer, Master, or Mistress; and 
 in every such case as last aforesaid the leave of the Master 
 or Mistress shall be proved by the Owner of the House, or 
 it shall be held not to have been given; and if the said offence 
 of employing or entertaining Convicts as aforesaid shall 
 have been committed on a Sunday or Sundays, the Fine or 
 Fines to be imposed in consequence thereof shall be at least 
 Ten Dollars, and not exceed Fifty Dollars. 
 
 IV. And be it further enacted. That if any of the said 
 Fine or Fines hereinbefore imposed shall not be paid within 
 Three Days after such Convictions as aforesaid respectively, 
 the same may be enforced by any two Justices, by At- 
 tachment and Sale of the Goods and Effects of the Person or 
 persons convicted aforesaid: And in Case no such Goods 
 and Effects shall be found whereon to levy the said Fine or 
 Fines, that it shall and may be lawful for such Justices, be- 
 fore whom such Convictions as aforesaid shall have taken 
 place, to issue their Warrant to apprehend the Person or 
 Persons so Convicted, and to cause such Person or Persons 
 to be imprisoned and, if the said Justices shall think fit, put 
 to Hard Labour for any Time not less than Ten Days, nor 
 more than Three Calendar Months. 
 
 V. Provided, That all Fines, which shall be paid or levied 
 under this Act, shall be for the local Purposes of the District 
 wherein the same shall be levied, and shall be paid and ap- 
 propriated at the Discretion and by the Order of the Jus- 
 tices of the Court of Sessions holden for such District, in the 
 Rewarding of such Persons as shall inform against and 
 prosecute to Conviction any Offender or Offenders against 
 this or any Law or Act for the Peace, Order and Good Go- 
 vernment of the said Colony; and shall from time to time be 
 duly accounted for to the Governor or Acting Governor of 
 the said Colony, and a true Account of the Appropriation of- 
 all such Fines as aforesaid shall be published quarterly in the 
 Public Newspapers. 
 
 THOMAS BRISBANE, Governor. 
 
 January 19th, 1825— Passed the Council, FRANCIS 
 STEPHEN, Clk. Col. 
 
 I have given this Order in Council in full, from an 
 ofificial copy in my possession, as it throws light not 
 only upon the method of procedure then in vogue 
 with regard to harbourers, but upon the liquor law in 
 its bearing upon the convict system generally.
 
 THE EARLY DAYS IN N.S.W. 113 
 
 Men not free who were convicted of harbburing 
 runaways were dealt with after a different fashion. 
 Here is a case in point : — Thomas Jones, a "ticket-of- 
 leave" convict, was charged, in July, 1826, with having 
 harboured a notorious bushranger of that time named 
 Johnston. It appeared that Johnston came to the hut 
 and demanded shelter, and Jones allowed him to sleep 
 there during one night, although a hut mate of his pro- 
 tested. In his defence Jones said he sheltered John- 
 ston and supplied him with victuals, because he was 
 afraid to resist his demands. -But his plea was not- 
 deemed sufficient excuse for the offence, and the 
 Bench ordered his ticket to be taken away and him to 
 be "turned in to Government," i.e.. returned to the 
 Government gang of convicts to finish his original 
 sentence. 
 
 FRUITLESS ATTEMPTS. 
 
 The Bathurst district during the twenties was 
 never without its share of bushrangers, mostly con- 
 victs who were tired of their lot as assigned servants. 
 They were not criminals of the wilfully brutal Tas- 
 manian sort, but stole provisions and clothes here and 
 there from outlying huts to supply their daily needs, 
 A few samples may be given here. 
 
 At about the same time that McAuliffe was being 
 judicially "trapped," a prisoner named Charles Jubey 
 ran away from the Bathurst settlement and took the 
 bush, in the hope that he would fall in with a small 
 band of absconders who were supposed to be enjoying 
 quite a picnic somewhere up the river, away from the 
 restraints of Government rule. But his search for 
 them was fruitless, and not having arms he was afraid
 
 114 AUSTRALIAN BUSHRANGING. 
 
 to rob on his own account ; hence he wandered about 
 the bush for nearly a month until well nigh starved, 
 and then decided to give himself up. He was proceed- 
 ing to do this when he was seen by three good-con- 
 duct prisoners, named Good, Harrison, and Butter- 
 field, who had set out in search of the runaways, and 
 who pounced upon him and conducted him in triumph 
 back to the settlement. When brought before the 
 Bench he pleaded that he had run away because he 
 was "so harassed and torn about" by his keepers, but 
 confessed that he had "a belly-full of it" (queer meta- 
 phor for a starving man to use !) and that he was on 
 the way to deliver himself back into the hands of his 
 task-masters, when the three hunters found him. 
 
 The Court would not believe that he had no know- 
 ledge of the other men who were roaming the bush, 
 a4id sought to bribe him into a confession ; he was ac- 
 cordingly found guilty and sentenced to 75 lashes, on 
 the understanding that he would be let ofT if he told 
 v^'here the bushrangers could be found. 
 
 Poor Jubey had to take the six-dozen-and-a- 
 quarter strokes at the then well used triangles in the 
 flogging yard. 
 
 In those days magistrates required very little corr- 
 victing evidence, and prisoners could not command 
 the services of any counsel. Note the case of Richard 
 Carter, to wit. He is described as "prisoner per ship 
 Minerva, late servant to Richard Lewis," and was 
 brought up for being at large in the bush. The only 
 evidence taken against him before the Bench was that 
 of Sergeant Wilcox, of the Buffs, and Mr. Cheshire. 
 The former stated that when he was at Davey on th( 
 7th March, 1826, he received information that a bush-
 
 THE EARLY DAYS IN N.S.W. 115 
 
 ranger was on the road to Handowey Plains in com- 
 pany with Mr. Fitzgerald's stockmen and drays that 
 were going down. The sergeant and his party at once 
 went in pursuit of him, and found him on the 12th at 
 Handowey Plains in Mr. Fitzgerald's hut, with the 
 overseer and men. He took him prisoner and brought 
 him to the settlement. Mr. Cheshire simply stated 
 that he knew that prisoner had been the servant of Mr. 
 Lewis. Having heard this much the court sentenced 
 Carter to be sent to Port Macquarie, or such other 
 settlement, etc., for the term of three years. 
 
 SOME AUSTRALIAN "MEN IN BUCKRAM." 
 
 The Bench 'of Magistrates at Bathurst was called 
 upon, on 1st March, 1826, to hear a remarkable story 
 from the lips of Roger Keenan, prisoner per ship 
 "Mangles," overseer at Mudgee for Mr. Lawson. 
 Keenan said that he was going to Mudgee about a 
 month before, after nightfall, Mr. John Lawson riding 
 before him on the road, and when within about three 
 miles of the station, three men started from the edge 
 of the river quite naked, each of them being armed 
 with a gun and pistol. They ran past deponent, and 
 then turned and went round him, telling him to "stand, 
 or they would blow his brains out." Deponent stood, 
 of course, but called out to Mr. Lawson to "come back 
 and bring the soldiers." He returned, and deponent 
 at once jumped off his horse and presented his pistol 
 at one of the men ; but the four men presented their 
 muskets at him, and one of them desired him to lay 
 down his arms and promised that he should not be 
 touched. Mr. Lawson then galloped away, leaving 
 his pistol and some clothes on the road ; and deponent
 
 ii6 AUSTRALIAN BUSHRANGING. 
 
 did not see him again until the following day. De- 
 ponent was obliged by the men to give up his pistol ; 
 and they then took his other pistol from the holster, 
 while one of them — a tall, straight man — presented his 
 musket and threatened to shoot him. The whole 
 party consisted of seven men all dressed. Deponent 
 did not state how he got away, but passed on to tell 
 what happened on the following Sunday night. Four 
 men, he said, came to the hut at the station a little after 
 dark. They stood at the door and shouted, and then 
 one of them entered and put fire three times to the 
 thatch of the hut to burn it. When they left they took 
 away with them 5^ lbs. of tobacco, 9 lbs. of soap, and 
 some thread. In answer to a question, deponent said 
 that he had not heard of any Wellington runaways 
 being at Mudgee, and that he thought there were only 
 seven in the bush. 
 
 There is nothing on the records to show what the 
 magistrates thought of this story, or whether they 
 were moved to take any action through its narration. 
 Perhaps the glaring contradictions that fell from Kee- 
 nan's lips satisfied them that there was something of 
 the "cock and bull" about it. First he said he saw 
 three men, quite naked ; then four presented their 
 muskets at him — what they did with the pistols mean- 
 while he did not explain, although explanation was 
 necessary, seeing that they had no pockets to put them 
 in ; then seven men, all dressed, demanded that he 
 should give up his arms. It was all very funny, to say 
 the least of it. 
 
 A REPORT. 
 Frequent reports of night raids by bushrangers
 
 THE EARLY DAYS IN N.S.W. 117 
 
 were made to the Bench about this time, but nothing 
 came of them. Here is one : — On the morning of 6th 
 April, 1826, Thomas Burns, servant to the overseer of 
 Rev. S. Marsden, was milking the cows at the station 
 at Campbell's River, about an hour before daylight, 
 when he saw two men near the hut. He went forward 
 and then saw the men going through the pumpkins, 
 they having robbed the hut. He followed the two men 
 as they ran, and recognised one of them as Denis 
 Nowlan. Getting near them he called to them to 
 leave him a part of the "swag." Nowlan's mate then 
 turned round and said that if deponent did not go back 
 he would blow his brains out. Deponent went back 
 as requested and then sent information to Lawson's 
 place. Some hours afterwards the two Lawsons came 
 over with some blacks, but they were unable to find 
 the robbers. The articles taken from the hut consisted 
 of five shirts, two pairs of trousers, seven and a half 
 yards of factory stuff, a musket, a quantity of tea and 
 sugar, three razors, 9 lbs. of soap, some thread, two 
 quart pots and two pairs of new boots. This formed a 
 large haul, for in those days all of the articles enumer- 
 ated were both scarce and dear. 
 
 A BOLD ROBBERY AND A SMART CAPTURE. 
 
 In July, 1826, Johnston, Jennings, and Carter, 
 three assigned servants of a settler near Bathurst, de- 
 termined to take to the bush, and lead a merry life as 
 freebooters. They left their master's place during the 
 night, with three dogs, two guns, and food to last 
 three or four days. Their first visit was to Tindall's 
 station at Warren Gunyah, where they "lifted" three
 
 Ii8 AUSTRALIAN BUSHRANGING. 
 
 horses. From this station they proceeded to the sta- 
 tion of Mr. Bowman, where Jennings kept the hut- 
 keeper under cover of his gun while Johnston and 
 Carter proceeded to ransack the place, the trio subse- 
 quently departing with four shirts, two pairs of trous- 
 ers, some wheat, a great coat, and a musket for the 
 man who was unarmed, threatening the hut-keeper 
 with dire vengeance if he followed them. At Fitz- 
 gerald's sheep station they helped themselves to a 
 large portion of his flock, nearly frightening the life 
 out of the shepherd who was minding them. They 
 drove away 52 sheep altogether, and headed with their 
 spoils through the bush to Tubrabucca Swamp. But 
 in the meantime word of their depredations had 
 reached the ears of the authorities, and Sergeant Wil- 
 cox and his men, accompanied by Mr. Tindall and Mr. 
 Wm. Lee, started out in pursuit. The pursuit party 
 followed the tracks to Tubrabucca Swamp, where 
 they camped for the night. Next day they followed 
 the tracks for about 20 miles, but could not see any- 
 thing of the bushrangers, but the day following they 
 overtook and surprised them when lying down in a 
 gully in camp, in the midst of their spoils. The attack 
 was so sudden that they could not make any resistance, ' 
 and they were brought by easy stages into Bathurst, 
 where they were formally committed to the Criminal 
 Court in Sydney. 
 
 What became of them will be seen from the fol- 
 lowing Government Order, which was issued from the 
 Colonial Secretary's Office in October following: — 
 
 GOVERNMENT ORDER. 
 The execution of Thomas Mustin, Daniel Watkins and
 
 THE EARLY DAYS IN N.S.W. 119 
 
 John Brown is to take place at Burwood on Monday morn- 
 ing next; and the execution of Matthew Craven and Thomas 
 Cavanagh, on the Western Road, in the neighbourhood of 
 Parramatta, on the same morning. 
 
 The prisoners will move from the Gaol in Sydney, at 6 
 o'clock, under a military escort, to the place of execution. 
 
 The road parties in the neighbourhood will attend at the 
 places pointed out, according to the orders communicated to 
 the inspector of roads. 
 
 The garrison of Parramatta will be under arms; and the 
 prisoners in the employment of Government at that place 
 will be taken to the Western Road, to witness the execution. 
 
 James Moran and Patrick Sullivan are to suffer at Irish 
 Town on Wednesday. 
 
 The bodies of the whole of the criminals above alluded 
 to will remain suspended during the day. 
 
 Johnston, Jennings and Carter, who formed part of the 
 gang of bushrangers at Bathurst, are under orders for trans- 
 portation to Norfolk Island, where they are to be worked in 
 chains during their lives. 
 
 John Sullivan, the only individual of this banditti who 
 had not been apprehended, finding it impossible to elude the 
 vigilance of the mounted police, has lately surrendered him- 
 self into the hands of justice. 
 
 The Governor would willingly hope that the examples 
 thus held up may have the eflfect of deterring the evil-disposed 
 from entering on a course of crime, which must infallibly end 
 in their ruin. The unfortunate men, now about to suffer, had 
 indulged, for a time, in rapine and outrage; but let it be 
 remembered they have, in no one instance, enjoyed or derived 
 any benefit from their plunder. It has all been recovered; 
 and after leading lives, burthensome to them, .as is proved by 
 the voluntary surrender of one of the party, they have be- 
 come victims to the injured laws of their country. 
 By his Excellency's command, 
 
 ALEXANDER M'LEAY. 
 
 Another Government Order bearing on the case 
 was issued. It reads as follows: — 
 
 GOVERNMENT NOTICE. 
 
 The Governor has again the satisfaction to notice the 
 successful exertions of the mounted police, under Lieutenant 
 Evernden, at Bathurst. 
 
 A party of bushrangers, armed with muskets, have been 
 taken, after pursuit of three days. They had seized some 
 horses, and were driving off a number of sheep, having a 
 native woman and her child with them.
 
 120 AUSTRALIAN BUSHRANGING. 
 
 These people (two of whom, Carter and Johnston, are 
 notorious offenders, having escaped from an escort in March 
 last) were promptly pursued, in consequence of the informa- 
 tion given by Mr. Tindall, whose establishment they had 
 plundered, and who, together with Mr. Lee, and two natives 
 (who are reported to have been extremely useful on this 
 occasion), accompanied the mounted police, and by their 
 activity contributed to the success of the party. 
 
 Had Mr. Robert Fitzgerald been as prompt as Mr. 
 Tindall in giving information to the commandant at Ba- 
 thurst, when first his horses were carried off, and not have 
 depended on the bushrangers returning them, as they appear 
 to have promised to do, or waited until they repeated their 
 visit and depredations, before he represented the matter, his 
 horses probably would also have been recovered. 
 
 Mr. Tindall is rewarded by the restitution of his pro- 
 perty, and the acknowledgments which are due to his spirited 
 and manly conduct; and he may be assured that he will al- 
 ways receive from Government the assistance and support 
 which such conduct merits. 
 
 Those who, from supineness or any unworthy motive do 
 not at once come forward, but acquiesce in the aggressions 
 of the bushrangers, in the hope of conciliating them, will 
 meet the merited reward of their baseness by being Plundered 
 by those whom they have endeavoured to screen, and being 
 held up to the just Reprobation of the Public. 
 
 As to the Bushrangers who have been so active in the 
 Bathurst District, another Example has been recently made, 
 Hostle having suffered the awful Sentence of the Law. Those 
 who are disposed to pursue this Course of Life should be 
 aware that the present Arrangements of the Troops, and 
 the Exertions of the Government, promoted as these are by 
 the Vigilance of the Magistracy, and the Loyalty of the In- 
 habitants at large, leave them, in fact, no Chance of Escape. 
 Even those who, having been apprehended, have evaded the 
 Vigilance of their Guard, and absconded a second Time, 
 have been apprehended. 
 
 The Government is pleased to add that, when the above 
 Intelligence was sent from Bathurst, a Party of the Mounted 
 Police had been dispatched in Pursuit of a second Gang of 
 Bushrangers, who had carried off Cattle from Mr. West's 
 Station, and it was expected would be immediately overtaken. 
 This Party was accompanied, as the former, by some intelli- 
 gent Natives, whose Zeal and Fidelity are highly spoken of. 
 ***** 
 By His Excellencj^'s Command, 
 
 ALEXANDER M'LEAY.
 
 THE EARLY DAYS IN N.S.W. 121 
 
 SULLIVAN'S GANG. 
 A party of bushrangers known as Sullivan's gang 
 created a great stir in the Bathurst district for nearly 
 six months, all attempts to capture them during that 
 time proving futile, although reports of their raids on 
 the stations around were frequently received. Their 
 number was variously stated as anything from three to 
 eight, but only five were taken by the authorities, who 
 efifected the capture through one member of the gang 
 giving himself up and turning Queen's evidence. They 
 were absconders from the mountain gang. The re- 
 port of their trial makes interesting reading, and is so 
 typical of the conduct of these escapee bushrangers 
 that it may be given here in full. Three of them — 
 James Moran, per ship "Isabella"; Matthew Craven, 
 per ship "Guildford"; and Patrick Sullivan, per ship 
 "Brampton" — were charged with being "at large in 
 the bush, and for serious robberies and misdemean- 
 ours": — 
 
 Thomas Evernden, Lieutenant of the Buffs, being sworn, 
 states that on the 2nd March, about 2 o'clock in the morning, 
 Jeremiah Burns, a bushranger, was brought to deponent by 
 the chief constable, and he said he had some information to 
 give respecting the gang to which he belonged; deponent had 
 Burns' depositions taken before him in consequence of this 
 information, and then proceeded with Burns and a party of 
 the mounted police into the mountains at the top of Wind- 
 burndale Creek, where they succeeded in securing a quantity 
 of property in a bark hut. Deponent produced the property 
 there found. 
 
 Jeremiah Burns, the bushranger who had given himself 
 up, was then sworn, and stated that when the prisoners 
 escaped from the soldiers, between the weatherboarded hut 
 and Springwood, he (Burns) lost his companions; he reached 
 the top of Windburndale Creek on Christmas Day, and four 
 or five days afterwards he joined the three prisoners — Sulli- 
 van, Craven and Moran; deponent went with them from the 
 Windburndale to Mr. Lee's station, on the Turon River, 
 from which place they took a fowling piece, a sheep, two old
 
 123 AUSTRALIAN BUSHRANGING. 
 
 jackets, two blankets, and a pair of shoes; on last Thursday 
 week they went to Hayes' station at the Fish River and took 
 two sheep, a new great coat, 15 lb. or 16 lb. of flour, a gun 
 and two pairs of half-boots; the following night they went to 
 Andrew Gardiner's station and took a piece of linen, three or 
 four pairs of shoes, two new Parramatta frocks, two guns 
 and a bayonet, one brass-handled pistol, one common horse 
 pistol, some fine white shirts, the woman's blue coat, a blue 
 body coat, two blue jackets, one velveteen ditto, a suit of 
 Tartan plaid, three white stockings, and four or five canisters, 
 supposing them to contain powder, but it was only found in 
 one of them; previous to entering the hut Moran set fire to 
 the thatch above the kitchen window, while Craven made a 
 hole in the window with his musket and fired in; deponent 
 put out the fire on the thatch and Moran struck him for doing 
 so; about the second Saturday after they drove Mr. Innis' 
 bullocks up the creek, and Moran fired at one and struck him 
 on the head, but he got away. About three weeks ago they 
 went to Mr. Perrier's station, at Antonio's Creek, and took 
 two sheep; they went to the door of the hut but did not go 
 in; Sullivan and Moran told him that before he and Craven 
 joined them they robbed Blackman's station and took two 
 sheep, two pairs of half boots, a bag with a name which he 
 believes was Mr. Blackman's, some ammunition and other 
 things which deponent does not know; they also told him 
 they had robbed Mr. Jones' station and took two lambs, two 
 pairs of half boots, some powder and shot in a skin 
 pouch, a small powder horn and some clothes; this robbery 
 took place while deponent stayed behind in the bark hut on 
 the Windburndale, being unwell at the time; last night the 
 whole party went to Mr. Ranken's for the purpose of being 
 joined by Maurice Council and another man at the creek 
 side in a hut of Mr. Ranken's, below Mr. Thompson's farm; 
 Sullivan told his party that he was told by one of Mr. Ran- 
 ken's men that his (Sullivan's) brother and Maurice Council 
 would join them at the hut, and it was the intention of the 
 party to shoot a man of Mr. Lewis' and drive away the flock 
 of sheep; Sullivan first asked deponent to shoot this man, 
 and then Moran also asked him, but he refused to do so; 
 Craven then said "Everyone of us will have a blow at him"; 
 deponent told Sullivan that if he had any intention of com- 
 mitting murder he (Burns) would not be with him, and in 
 consequence he made his escape, and as he was doing so one 
 of the party snapped the gun at him, which burned priming; 
 deponent then gave himself up; the three men placed at the. 
 bar were the identical men who committed the depredations 
 with him. 
 
 William Leister, servant to Mr. Marsden, states that on
 
 I^olirr 
 
 
 ■2 ^tmti^tnmt 
 
 fclie/oScc RegMtr. 
 
 "^ 
 
 ^;/^^,yiiii- -i^ ^z^f:^-^ . - thi Chi(f Comtahk. 
 
 and In ail J i^/.,., « >» b v ..- .-^.) p , ,i^ Con;lal>Us of the 
 
 satd It'ard, and others whom tt ju^y concern. 
 
 Whereas <::^^c <:-^-^^<^^.^i^ 
 
 a Convict 
 
 Ship 10 ihu Colour. -^ jO^^t,,^^ 
 
 
 Original Seattac*. 
 
 He is now ordered by His Eicellorry (he Lieulfnanl-Govcroor ,*^'<S^ 
 
 THESE are therefore in Her Majesty's oanie to cemmand yoii and 
 every of you tbe said Coost-iblci forthwith to roovey aod deliver h ^^*Vi. 
 into the oUJiody of the ^^t^^ /^7^^/<. y^-- ^>^ y'^^ 
 
 ^^;^t-^ 
 
 who is hereby rojiiirsd Asd com:o«ndfd to receive thp said yi^^c^^i-t^c^ftj 
 
 ^y''-^ '" ^ deal! with according 
 
 to the said ^^^<^-^2-^ 
 
 Given under my hand and ^eal at J^^^^-^^ ^■^v^'>\^ 
 aforesaid \\\i%,^<yc^^Z^ day of e-<;^^^^^e^ 
 in the year of our Lord One thousand eight hundred 
 tod forty-x^^ tLe_^ 
 
 ,^-5^^^^ 
 
 prisoner's remove warrant (special).
 
 THE EARLY DAYS IN N.S.W. 125 
 
 the l6th February last, about i o'clock in the morning, he saw 
 four men come to Mr. Gardiner's house; before they came in 
 a shot was fired in at the window and another at the door; 
 they burst the door open and desired deponent to go up and 
 down the house with them; they said they only wanted 
 ammunition and muskets; they made deponent sit down and 
 covered his head; they then took away a quantity of property; 
 before they went they shut deponent and Mrs. Gardiner into 
 a room and said if they made any alarm they would blow 
 their brains out; before they entered the house he heard one 
 of them say "Let's rob the place — take all they have." Craven 
 was one of the men who came into the house; they took three 
 canisters and a horse belonging to deponent, and blankets, 
 jackets, trousers, boots, etc., belonging to Mr. Marsden. 
 
 Sarah Gardiner states that she was awakened by hearing a 
 great noise and immediately called the man who lived in the 
 house; he desired her not to be afraid, as nothing was the 
 matter; a few minutes afterwards four men entered the house 
 by forcibly bursting open the door and firing a shot through 
 the window; when they came in one of them asked who was 
 there and whose station it was; deponent said it was Mr. 
 Marsden's; they then asked her where her husband was, and 
 when she said he had gone to Bogie station they replied they 
 knew that; they said they only wanted muskets and ammu- 
 nition, and if they got these they would not take anything 
 else; they went into the bedroom and opened the box, from 
 which one of them took a black hat, saying it was a very good 
 one; they made her sit down on the sofa, and when she com- 
 plained of being cold, one of them brought her a shawl and 
 made her cover her head and dared her to look up; they asked 
 for tea and sugar; one man stood at the door with a musket 
 in his hand; Craven was that man; they took of her property 
 some blankets, sheets, riding habit, 27 balls of cotton, a hank 
 of thread, a table cloth, five shirts, and other things. 
 
 The prisoners were fully committed for trial, but 
 before being sent to the Criminal Court they were 
 charged with other offences, and the following evi- 
 dence was given : — 
 
 Sergeant Wilcox, being sworn, states that it having been 
 reported that some of Mr. West's cattle had been stolen from 
 the run, he took five men and started out for the station; they 
 searched for the bushrangers for three days, following their 
 tracks to the Abercrombie River, when they observed where 
 the horses had crossed; they then came up with three men, 
 who were in a temporary bark hut; the party rushed forward 
 and captured the three, named Cavanagh, Moran, and Craven;
 
 126 AUSTRALIAN BUSHRANGING. 
 
 there was a considerable quantity of property lying on the 
 ground and three horses near, with saddles, bridles, three 
 firelocks, two pistols and a sword; knowing that there were 
 two others belonging to the gang deponent and three men 
 went to watch for their return to the camp, leaving the other 
 two guarding the three prisoners; deponent had some natives 
 with him, and between 7 and 8 o'clock at night the natives 
 said they could hear the cracking of whips; the party then 
 planted themselves, and presently deponent heard the voices 
 of two men driving cattle; he recognised one of them as 
 Sullivan and heard him say to the other man, "Stay where 
 you are and I will go up to the hut;" one of the party along 
 with deponent then seized Sullivan, who was on horseback, 
 and took him prisoner; on searching him they found a pistol 
 stuck in a belt around his waist; the man that had been along 
 with him made his escape; the party afterwards marched the 
 prisoners to Bathurst; the prisoners said after their appre- 
 hension that if they had been all together they would have 
 fired on the police, but being only three they considered it of 
 no use. 
 
 Private George Ecleston deposed that he it was who had 
 seized Sullivan; he had been planted behind a tree and as 
 Sullivan passed him he sprang out and seized him by the 
 breast, threatening to blow his brains out if he did not dis- 
 mount; Sullivan then got oflf his horse and was secured. 
 
 Robert Fitzgerald deposed that when he was at Mr. 
 Innes' station at Capertee about a month before two men 
 came to the hut, the time being about midnight: one of them 
 entered the hut and asked whose place it was, and if there 
 were any strangers there; deponent said he was a stranger, 
 and the man then went out to where his companion was 
 standing; the blackboy, who was in the hut, told deponent 
 that the men were loading their muskets, and shortly after- 
 wards they both entered the hut; they asked who owned the 
 horses outside and deponent said he did; they said they must' 
 have two to go a piece of a journey, and they then took the 
 saddles and bridles out of the hut and put them on the horses, 
 saying that they would return the horses in two or three days 
 if they would not report: deponent agreed not to report if 
 they brought them back when promised; they then went 
 away; deponent identified two of the horses taken with 
 prisoners, also the saddles and bridles, as those which had 
 been stolen; on the third day after the robbery deponent went 
 to Bogie, and there again he fell in with the two bushrangers, 
 Cavanagh and Craven, who were in the hut; deponent went 
 into the hut, but shortly afterwards went back to his horse, 
 when Cavanagh followed him and ordered him to return; the 
 two men then took two guns from the hut, the property of
 
 THE EARLY DAYS IN N.S.W. 127 
 
 Mr. Marsden, and when they left they also took two of Mr. 
 Marsden's horses. 
 
 John Brown stated that a few days before Fitzgerald had 
 been stuck up he w^fS sitting in a room with his wife and 
 child at William Brown's head station, about 4 o'clock in the 
 afternoon, when five or six armed men suddenly entered the 
 house; they ordered deponent out and he said he would go if 
 they promised not to harm his wife and child; the men then 
 ordered the three of them into the kitchen and shut the door 
 upon them, posting a sentry at the door, while they ransacked 
 the place; they gathered together the following articles: — 4 
 night-gowns, 2 shirts, 2 jackets, i silk waistcoat, i white 
 waistcoat, 2 pairs of pantaloons, i velvet cap, 12 handker- 
 chiefs, 5 pieces diaper, i tablecloth, 5 remnants of nankeen, 
 I knife, 5 towels, i green cloth, 2 coats, i gown, razorslrop 
 and shaving box, i chemise, a bundle of thread, a looking-glass, 
 a ball mould, a pair of garters and a sword; they then went to 
 the overseer's hut and burst open the door of his chest, taking 
 a quantity of ammunition, lead, tobacco, cheese, and some 
 wearing apparel; deponent identified Moran as one of the 
 men and Cavanagh as another, the latter having said to him 
 "Don't let anyone leave the place to-night, or he will be a 
 dead man"; they then took a horse and left; the property 
 which they took away with them deponent valued at between 
 £300 and £400. 
 
 Richard Waits, prisoner per "Marquis of Hastings," and 
 servant to Sir John Jamieson, deposed that the two men who 
 had been identified by Fitzgerald came to his hut at Caper- 
 tee and took away a brace of pistols, some gunpowder and a 
 quantity of sugar, also a horse from the yard, all the property 
 of his master. 
 
 Dalmahoy Campbell, on oath, states that he was at 
 Capertee in the beginning of June on his way to Mr. Innes'; 
 he stopped at Sir J. Jamieson's station between 2 and 3 
 o'clock in the morning, and while there some men rushed into 
 the hut; they told him to cover his head and asked who he 
 was and where he was going; they told deponent and the 
 people in the hut to deliver up all the ammunition they had; 
 deponent said he had no ammunition, and one of the men 
 reached over his head and took down a fowling-piece; they 
 then went to the dray and took 150 lb. flour, half a canister of 
 gunpowder, saddle and bridle and other things; some of these 
 things were among the property produced; after they had 
 taken deponent's gun they went into the next room and 
 asked the men what sort of a man he was, and when they said 
 he was a good man they gave him back his fowling-piece; 
 as they were going away one of the men said "I hope you
 
 128 AUSTRALIAN BUSHRANGING. 
 
 won't take the horses," and they replied " the horses, 
 
 we'll take them if we want them." 
 
 Another witness named William Kent identified Cava- 
 nagh and Craven as the men who had stolen the horses and 
 property from Fitzgerald's. 
 
 The prisoners were committed on these charges 
 also, and were placed in the lock-up, but by the aid of 
 friends and sympathisers outside they managed to 
 make a hole in the wall of their prison and escaped. 
 Patrick Sullivan and Moran were, however, shortly 
 afterwards re-captured, and John Sullivan, the bush- 
 ranger who had escaped when his brother was first 
 taken, gave himself up. The two former were trans- 
 mitted to Sydney, tried, convicted, and hanged at 
 Irishtown in October following, their bodies remain- 
 ing suspended during the day. Craven and Cavanagh 
 were executed two days before on the Western Road, 
 as mentioned in the general order already given. 
 
 THE MOUNTED POLICE AND THEIR DUTIES. 
 
 This part of the subject should not be closed 
 without reference to the Mounted Police — the force 
 specially charged with the suppression of convict out- 
 rages, which operated efficiently in the days of 
 which I have been writing. The force was drawn- 
 chiefly from the infantry regiments serving in Sydney, 
 and was first established in 1825, when Governor Bris- 
 bane held the reins. At the time of its establishment 
 it consisted of 2 officers and 13 troopers only, and these 
 were chiefly occupied in the district near Sydney. In 
 1839 they had swelled to 9 officers, i sergeant-major, 
 156 non-commissioned officers and men, with 136 
 horses, 20 of the troopers being footmen. 
 
 The officers were magistrates, and the body was
 
 THE EARLY DAYS IN N.S.W. 129 
 
 subject to military law and discipline, althoiig-h ap- 
 pointed to serve as police. They were armed with 
 sabre, carbine, and horse pistols, and wers dressed in 
 light dragoon uniform. The headquarters division 
 consisting of the commandant, the adjutant, and about 
 25 men, was stationed in Sydney, and the officers of 
 divisions at important inland posts, with small parties 
 on all the main roads. On the whole the troopers 
 carried out their work intelligently and efficiently. 
 Occasional complaints were made that they treated 
 roughly settlers who chanced to fall under their dis- 
 pleasure ; but we may excuse men who were hampered 
 in the pursuit of their difficult calling by the very per- 
 sons to whom they would naturally look for assistance, 
 and not wonder if they sometimes "made it warm" for 
 anyone who seemed to be in sympathy with the con- 
 victs they were looking for. At times they were sub- 
 jected to great privations, and were exposed to great 
 danger ; but they generally succeeded in running down 
 the outlaws and bringing them to justice. Theirs was 
 a hard, unthankful task, performed cheerfully and well. 
 So frequent had been the escapes and so numer- 
 ous the raids by bushrangers in the central and coun- 
 try districts at this time, that special efiforts had to be 
 made to cope with the evil, and the Governor ordered 
 a general distribution of the troops in the disturbed 
 districts. Hence the following Government Order 
 was issued from the Colonial Secretary's Office on 
 March 21st, 1826: — 
 
 The Governor has been pleased to direct that the follow- 
 ing copy of a general order, which has been issued to the 
 Troops, shall be published for the information of the Public 
 at large. 
 
 His Excellency requests that the Magistrates and Gen- 
 l
 
 130 AUSTRALIAN BUSHRANGING. 
 
 tiemen of the country will use their endeavours to promote 
 its Circulation. It is no less desirable that the Settlers should 
 be informed of the Means that are adopted for their Protec- 
 tion than that the Disturbers of the Public Tranquillity 
 should be apprized that they will be pursued with unremitted 
 Perseverance. 
 
 COPY OF GENERAL ORDER, NO. 29, DATED 21st 
 MARCH, 1826. 
 
 1st. The Lieutenant-General has been pleased to order 
 the following Distribution of the Troops, with a view to aid 
 the Civil Power, and the more effectual putting down the 
 Bushrangers, who, notwithstanding the recent Examples, 
 have, it appears, re-commenced their depredations. 
 
 2nd. The Range of Country within the Mountains will 
 form the Parramatta District; that beyond, on the line of 
 Communication to Wellington Valley, will be designated the 
 Bathurst District. 
 
 3rd. A Field Officer will be stationed at Parramatta and 
 another at Bathurst, those places being established as the 
 Head Quarters of the respective Districts. In the first in- 
 stance the Detachments imder the former will be stationed at 
 Windsor, Emu Plains, Liverpool and Campbelltown; those 
 under the latter will be posted at Wellington Valley and 
 Molong Plains, to the north of Bathurst; and from thence to 
 the Southward and Eastward, at Cox's River, Weatherboard 
 Hut, and Springwood; such other Parties are to be detached 
 by the Commandants as circumstances may render necessary. 
 
 4th. The Officers employed will immediately put them- 
 selves in Communication with the Magistrate in the neigh- 
 borhood of their Posts, with whom the Lieutenant-Genera! 
 desires they will be pleased to co-operate to the utmost of 
 their Power. And He further recommends that they should 
 attach some of the most intelligent of the Natives to their 
 Parties, as these People may be made extremely useful, if 
 properly employed, in tracing the Bushrangers and discover- 
 ing their Haunts. It will be left to the Discretion of the 
 Officers to Reward the Natives according to their exertions; 
 for which purposes some slop Clothing will be put at their 
 Disposal, and they will be at Liberty from Time to Time to 
 furnish them with such provisions as they may require when 
 employed. 
 
 5th. The Commandants will visit their detached Stations 
 occasionally; the Officers in Charge v/ill be held responsible 
 for the proper Conduct of the Men under their Orders; and 
 the Soldiers will recollect that the Service they are now called 
 on to perform is an important one. The Tranquillity and
 
 THE EARLY DAYS IN N.S.W. 131 
 
 Prosperity of the Colony will be promoted by their Attention 
 to their Duty. Their Employment will give Confidence to 
 the settlers even in the Remote Districts; and the Lieutenant- 
 General trusts that their Regularity and Good Order will 
 confirm this feeling. Should they disregard this Warning, 
 and Misbehave, the Commandants will be furnished with 
 Means, and they are hereby Ordered to punish Offenders on 
 the Spot. 
 
 6th. The Officers and Non-Commissioned Officers in 
 charge of the Detached Stations will report Weekly, or 
 oftener, as may be necessary, to the Commandant, who will 
 report, in like manner to the Major of Brigade, for the in- 
 formation of the Lieutenant-General. 
 
 7th. The Commandants will make a point of seeing the 
 General Order, No. 5 (herewith annexed) read to the de- 
 tachments as directed. 
 
 A reward of £10 sterling will be given for the Appre- 
 hension of any Person who shall be convicted of Robbery, or 
 have been guilty of any Violence; and £20 sterling for all 
 such Persons as shall have been convicted as Receivers of 
 Stolen Property. 
 
 (Signed) H. GILLMAN, Major of Brigade. 
 By His Excellency's Command, 
 
 ALEXANDER M'LEAY. 
 
 COPY OF GENERAL ORDER, NO. 5, DATED 
 JANUARY 2, 1826. 
 
 1st. The Lieutenant-General calls the Attention of Offi- 
 cers in Command of the Penal Settlements and other De- 
 tached Stations, to the Consequences which must result to 
 the Service, from any intimacy being permitted between the 
 Soldiers and the Prisoners of the Crown; and they will be 
 pleased to take the necessary steps for putting an immediate 
 stop to it. 
 
 2nd. It is hoped that the Soldiers themselves are alive to 
 the Distinction which exists, and which it is of Importance 
 should be preserved between them and the Convicts. They 
 must not indulge in any Familiarity with them. Such inter- 
 course would be inconsistent with the proper discharge of 
 their Duty, and highly injurious to the Public Service. 
 
 3rd. The Soldiers are not, however, to suppose that the 
 ill-treatment of a convict would be passed over with impunity. 
 The Lieutenant-General assures them, that any such Act 
 would be promptly and severely punished. It would be as 
 unbecoming the character of a British Soldier, as an indis- 
 criminate association with Men under the Sentence of the 
 Law would be derogatory to it.
 
 132 AUSTRALIAN BUSHRANGING. 
 
 4th. The aforegoing is to be considered a Standing Order, 
 and to be read monthly to the Corps and Detachments, with 
 the Articles of War. 
 
 5th. The Officers in Command of Penal Settlements and 
 Detached Stations will consider it their especial duty to see 
 it strictly enforced. 
 
 (Signed) HENRY GILLMAN, Major of Brigade. 
 
 PROMPT MEASURES. 
 Immediately after this a remarkably significant 
 Government Order was issued. It read thvis : — 
 
 GOVERNMENT ORDER, 
 
 Colonial Secretary's Office, 
 
 March 6th, 1826. 
 His Excellency the Governor, feeling that the Tran- 
 quillity of the Colony, and the Safety and Preservation of the 
 Lives and Property of the Inhabitants, imperiously demand 
 that Measures should be promptly adopted for preventing a 
 repetition of the daring Outrages which have recently been 
 committed, has directed that, in Addition to the Execution of 
 William Corbett, who suffered this Day, the awful Sentence 
 of the Law shall be carried into Effect To-morrow Morning, 
 at Nine o'clock, on the Following prisoners who were con- 
 demned on Monday, the 27th Ult., viz.: — 
 CHARLES PATENT, 
 PETER ROBERTS. 
 DAVID McCALLUM, 
 WILLIAM MORRISON. 
 
 The Governor has further directed that the Persons here- 
 inafter named — viz., Darby Haggerty, Ralf Howe, James 
 Bayley, James Laragy, William Turner, Richard Johnson, 
 Christopher Henderson, William Higham, Jacob Parter — 
 who have been convicted as Receivers of the Property Stolen 
 by the Banditti abovementioned, and who have been sen- 
 tenced to be transported, shall, after witnessing the Execution 
 of their Accomplices, be immediately removed to the Phoenix 
 Hulk, under a Military Escort, and be forwarded from thence, 
 by the first Opportunity, to Norfolk Island, there to be con- 
 fined during the period of the Sentences. 
 
 His Excellency has also directed that the Men at the Con- 
 vict Barracks, and those who are allowed to sleep out, shall 
 be assembled and attend the Execution. 
 
 The Troops in Garrison will Parade for the Purpose of 
 Preserving Order.
 
 THE EARLY DAYS IN N.S.W. 133 
 
 The Governor is willing to hope that the Example, which 
 a due regard to the Peace and Tranquillity of the colony under 
 his charge has obliged him to make on this occasion, will put 
 an immediate stop to the lawless Proceedings which have 
 lately kept the Inhabitants of the Country District in a state 
 of Anxiety and Alarm. 
 
 The inducements to Plunder, which lead to Murder and 
 other Atrocities, would be much diminished were the Re- 
 ceivers of Stolen Goods prevented from pursuing their 
 nefarious Traffics. These People are the Root and Founda- 
 tion of the Evils which have been experienced, and the 
 General Safety and Tranquillity of the Colony require that all 
 classes should heartily unite in exterminating them. The 
 Public Welfare demands the Exertion of every Honest Man 
 for the Attainment of this Object; and the Governor pledges 
 himscl! to Reward liberally, and in a Manner which may be 
 most agreeable to the Individual, as far as may be consistent 
 and practicable, any person who shall be instrumental in 
 bringing a "Receiver" to Punishment. 
 
 His Excellency, in expressing his unaltered Determina- 
 tion to punish, with the utmost severity of the Law, any per- 
 son who shall be convicted as a "Receiver of Stolen Goods," 
 takes this opportunity of warning those who are so employed, 
 that such of them as shall be convicted will, without excep- 
 tion, be sent to Norfolk Island, which Settlement has been 
 allotted for their confinement, and for that of the malefactors 
 who have forfeited their Lives. And, in order to render the 
 example now made as effectual and impressive as possible, 
 the Governor declares, in the most solemn manner, that he 
 will on no account mitigate or remit the sentence passed upon 
 any Receiver of Stolen Goods. 
 
 By His Excellency's Command, 
 
 ALEXANDER M'LEAY. 
 
 It will be seen that the authorities were very de- 
 termined to put down the class known as "receivers," 
 whose existence furnished an inducement to robbery. 
 Years before this strenuous efiforts had been made to 
 suppress them, but without success ; and they carried on 
 their nefarious calling right under the noses of the 
 authorities. Judge Therry in his "Reminiscences" 
 has something to say on this point. In the earlier 
 days the principal thoroughfare in Sydney — George- 
 street — was remarkable for the number of its jewellers'
 
 134 
 
 AUSTRALIAN BUSHRANGING. 
 
 shops, and the learned judge hit upon the most reas- 
 onable solution of the mystery. He says : — 
 
 This display of splendour was, after all, but a very natural 
 result of the convict element in the town. The receivers of 
 stolen plate and articles of bijouterie in England had chosen 
 Sydney as a safe depot for the disposal of such articles, as 
 agents for such a purpose might at that time easily be found 
 there. A lady, the wife of an officer, wore a valuable gold 
 comb, which was snatched out of her hair on coming out of 
 
 
 
 JUDGE THKRRY. 
 
 the opera one night in London. The thief escaped, and no 
 trace was found of the missing article in England. Two years 
 afterwards — about 1825— the lady joined her husband in Syd- 
 ney. On the first day she walked out she was attracted by 
 the display of brilliant articles in the shop of a well-known 
 jeweller of that period. The first article that caught her eye, 
 prominently displayed, was the identical stolen comb. She 
 communicated the fact to her husband, and they visited the 
 shop. Terms were proposed, either that the name of the con- 
 signor of the property or the property itself should be given 
 up. The shopkeeper did not hesitate a moment. He gave
 
 THE EARLY DAYS IN N.S.W. 135 
 
 up the comb rather than disclose the name of the party who 
 sent it to him, probabl}' aware that, on the disclosure of how 
 and where he obtained it. all the other articles in his shop 
 similarly obtained might be subjected to a compulsory sur- 
 render. The Sydney confederates return the compliment to 
 their London allies by melting down stolen silver, and send- 
 ing it to England. One fellow, however, was caught from 
 not having had quick recourse to this notable expedient. 
 Though for the "respectability of the trade," as he alleged, he 
 joined a portion of the public in ofifering a reward for the dis- 
 covery of an extensive robbery of plate, a sharp constable 
 knew his man too well to trust him. On searching his pre- 
 mises a plate-chest full of the stolen property was found con- 
 cealed under his counter. The benevolent contributor to the 
 fund for the detection of crime paid a seven years' visit to 
 Norfolk Island on account of his participation in the plunder. 
 
 So flourishing was this business, and so effective 
 
 a temptation to those inclined to take that which did 
 
 not belong to them, that stringent laws were passed to 
 
 correct the evil. And there is a law still on the Statute 
 
 Book of the colony which provides a heavier penalty 
 
 for the receiver than it does for the thief. 
 
 THE INSURRECTION AT BATHURST. 
 
 The climax of convict bushranging in the Ba- 
 thurst district was reached in 1830 by an outbreak 
 which created a great sensation throughout the whole 
 colony. It was in reality a convict insurrection, and 
 deserves a chapter to itself. 
 
 In September of that year eight malcontents on 
 the farms of Evernden and Liscombe deserted in a 
 body, and having armed themselves with stolen guns, 
 pistols and ammunition, traversed the district in all 
 directions, compelling the convicts to join them., and 
 seizing for the use of these conscripts all the arms 
 they could reach. 
 
 Their first visit was to tlie farm of Mr. Evernden 
 (then Police Magistrate of Bathurst), near Wimbledon.
 
 136 AUSTRALIAN BUSHRANGING. 
 
 Here they intended to "pay out" the owner for having 
 ordered the leader of the gang a flogging some months 
 before for a very trivial ofYence. Fortunately for 
 Evernden, however, he was away from home at the 
 time ; but his convict overseer confronted the gang and 
 foolishly dared them to shoot him. "Join us," said 
 one of them, "or we'll do it," and at once shot him 
 through the breast, leaving him dying on the floor of 
 the hut. 
 
 By intimidation and persuasion quite a large force 
 was collected — one unofificial statement gives the num- 
 ber as eighty, but I cannot find any verification of this. 
 All were more or less armed. It is said that some of 
 the young native-born v.hite residents had at first 
 agreed to join them, hoping to turn the tables upon 
 the authorities, whose hard and rigorous rule had 
 made convict life almost unbearable ; but these free- 
 born youngsters grew timid in the end, and refused to 
 join the "rising." 
 
 Disaffection and fear also soon broke up their 
 ranks, and the laggards were allowed to return to their 
 employment and their homes, until thirteen only were 
 left in the band ; but these were all well armed, and 
 most of them men of desperate character. 
 
 When reliable intelligence of this bushranging 
 organization reached Bathurst a meeting of the in- 
 habitants was convened by the magistrates and held 
 on 27th September in the Court House. It was re- 
 solved to form immediately a corps of volunteer 
 cavalry, for the protection of the inhabitants of the 
 town ; twelve gentlemen at once enrolled themselves, 
 the late Mr. W. 1 1. Suttor being appointed connnander,
 
 THE EARLY DAYS IN N.S.W. 
 
 137 
 
 on the recommendation of the commandant of the dis- 
 trict, Major Macpherson. 
 
 The volunteers lost no time, and at five o'clock 
 the same evening were ready to march. Just at that 
 hour intelligence was brought into the settlement that 
 the bushrangers had made their appearance at Camp- 
 
 W. H. SUTTOR. 
 
 bell's River, and had robbed Mr. Arkell's station. The 
 little force set out, and, pushing on at a smart pace, 
 reached the station just before daylight next morning. 
 By this time the bushrangers were gone, and the 
 volunteers, hastily partaking of refreshments, pushed 
 on after them. Mr. Suttor here met with two friendly
 
 138 AUSTRALIAN BUSHRANGING. 
 
 aborigines, who were persuaded to act as guides, and 
 tracked the fugitives to a rocky glen on the Aber- 
 crombie River. 
 
 It was nearly sunset when the volunteers came in 
 sight of the camp. They dismounted under cover of 
 the trees, and prepared for instant action. A small 
 detachment was sent round by Mr. Suttor to make an 
 attack in the rear, while the main force charged in 
 front ; but one of the men sent round dislodged a 
 stone when climbing a steep bank, and so roused the 
 bushrangers, who at once sought cover and began a 
 determined fire upon their assailants. Although they 
 did not anticipate so warm a reception, the volunteers 
 returned the fire with spirit, and for fully an hour the 
 firing w^as kept up on both sides. Mr. Suttor, being 
 the leader, had several narrow escapes, as the bush- 
 rangers sought to put him out of the way first. 
 
 Two of the bushrangers were wounded in this 
 encounter, but scrambled into a safe position, and 
 were not then secured. The settlers, having expended 
 nearly all their ammunition, as a last resort made a 
 feigned charge to secure greater safety in the retreat 
 which they saw was necessary. The ruse succeeded : 
 a number of the bushrangers ran from their positions 
 and the volunteers were enabled to retire with com- 
 parative safety, although the leader of the banditti 
 rallied his men and followed the retreating party for 
 some distance. He named those whom he wished to 
 have shot, telling his followers not to be flurried, but 
 to pick their men ; but in calling out the names he re- 
 vealed the fact that he was mistaken as to the assail- 
 ants, being under the erroneous impression that Mr. 
 Evernden was in command. The attacking part}'
 
 THE EARLY DAYS IN N.S.W. 139 
 
 soon regained their horses, which had been left in 
 charge of the two blacks and a boy taken from the 
 bushrangers, and Mr. Suttor despatched a letter to 
 Major Macpherson, giving an account of the affair. 
 The result was that a reinforcement of soldiers 
 stationed at Bathurst was sent forward under the com- 
 mand of Lieutenant Delaney, several residents of the 
 town accompanying them. 
 
 The skirmish with Mr. Suttor's men had not 
 daunted the banditti, for in an encounter next day 
 with a party of mounted police under Lieutenant 
 Brov/n, who had fortunately arrived upon the scene, 
 the latter had two men and five horses killed, and his 
 whole force narrowly escaped destruction. The rob- 
 bers owed their safety chiefly to the strong position 
 which they occupied. The leader of the band was 
 distinguished by a profusion of ribbons which he wore 
 about his head, and this led the settlers to call the 
 band the "ribbon-boys." 
 
 As soon as the intelligence of the insurrection 
 reached Goulburn, Lieutenant Macalister, with the 
 mounted police under his command, moved forward 
 in the direction of Bathurst, and a few days after the 
 events just recorded encountered the bushrangers. 
 A sharp contest ensued, in which Macalister and 
 several of the men on both sides were wounded, in- 
 cluding the leader of the bushrangers. Macalister 
 was shot in the left wrist and immediately dropped, 
 when the leader of the bushrangers called out to his 
 men "That's number one, boys ; take 'em steady !" 
 The wounded lieutenant at once raised his piece, -i^nd 
 putting his broken and bleeding arm under the bfitrrel 
 as a rest fired and struck the leader, calling out as he
 
 140 AUSTRALIAN BUSHRANGING. 
 
 did so "That makes number two !" The assailants 
 were, however, beaten off in the end. 
 
 Next day Captain Walpole, with a detachment of 
 the 39th Regiment, arrived on the scene. He had 
 been despatched from Sydney on the first intimation 
 of the rising, and had travelled through an un- 
 traversed and almost unknown country, under cir- 
 cumstances which reflected the highest credit on his 
 corps. Walpole and Macalister at once united their 
 forces, and the insurgents, seeing that further resist- 
 ance was hopeless, surrendered. 
 
 They were conducted to Bathurst, and after 
 undergoing a hurried trial by special commission, 
 were hanged, to the number of ten, on a large gal- 
 lows erected in the centre of the town, about fifty 
 yards from where All Saints' Cathedral now stands, 
 and nearly opposite the present Royal Hotel in Wil- 
 liam-street. The timber for the gallows was obtained 
 from a hill near the Rocks on the Orange Road, and 
 for years afterwards the hill was known by the name 
 of Gallows Hill. Six of the men were "swung off" in 
 one batch, falling together, and four in the second. 
 They did not die without religious attendance, for the 
 Rev. Mr. Kean, of Kelso, attended to those of thern 
 who were Protestants, while good Father Therry, who 
 had come from Sydney for the purpose, ministered to 
 the needs of those who professed the Roman Catholic 
 faith. One of them, at least, did not profit by the 
 ministrations of religion thus granted, for just before 
 the bolt was drawn he cried boastingly, "My old mo- 
 ther said I would die like a brave soldier, with my 
 boots on ; but I'll make a liar of her," and kicking off 
 his shoes he was launched into eternity.
 
 THE EARLY DAYS IN N.S.W. 
 
 141 
 
 This was the first pubHc execution that had taken 
 place in Bathurst, all capital cases having previously 
 been sent to Sydney for trial. It was a big start in 
 the hanging line, certainly, for the young "City of the 
 Plains." 
 
 The difificulties attendant upon journalistic enter- 
 prise at that time are well illustrated by the scant and 
 
 FATHER THERRY. 
 
 uncertain news of the outbreak published at head 
 quarters. The "Australian," a small newspaper pub- 
 lished in Sydney, contained the following paragraph 
 in its issue of October ist, 1830: — "A strong body of 
 the military was suddenly marched off from town on 
 Sunday last, in the direction of Bathurst, with orders 
 to act against the prisoners who are reported to have
 
 142 AUSTRALIAN BUSHRANGING. 
 
 risen between that settlement and Wellington Valley, 
 and to be in some force under the direction of an in- 
 dividual who formerly held a commission in the army. 
 The reports are various and conflicting. Some repre- 
 sent the Moreton Bay prisoners as having risen in a 
 body, overcome the guard, and marched across the 
 road by which a number of Government cattle were 
 lately driven to Wellington Valley. Other reports 
 state that the insurgents are confined principally to 
 that part of the country and the vicinity of Bathurst, 
 where several on both sides are stated to have fallen. 
 Vve can as yet arrive at no authentic conclusions on 
 this subject. As usual, many circumstances trivial in 
 themselves are exaggerated into great important 
 events. It seems pretty clear, however, that some 
 disturbances of a more than ordinarily exciting charac- 
 ter have taken place. It is what we have long since 
 foreseen. Severity, as a rule, defeats its own end. 
 No doubt an ill-organized, undisciplined body of 
 prisoners may be put down by force of arms ; but it is 
 ahvays better to avoid coming to such extremes. 
 Were the prisoners in iron and road gangs better fed 
 nnd better worked, and more judicious incitements 
 held out to them to reform, much benefit, we are per- 
 suaded, v/ould accrue to all parties concerned." 
 
 The bodies of the ten men were buried in what 
 was then used as the common burial ground in Bath- 
 urst, and was situated on a rise beyond the 
 western boundary of the town. Many years after- 
 wards the remains of all the bodies that had been 
 buried there (or all that could be found of them) were 
 exhumed and removed to another cemetery, increase 
 of population having necessitated the extension of
 
 THE EARLY DAYS IN N.S.W. 143 
 
 one of the main streets beyond the original boundary. 
 The spot now forms the junction of George and Lam- 
 bert streets, and busy traffic daily passes over the 
 place which was once the resting place of the quiet 
 dead. 
 
 THE BUSHRANGERS ACT AND ITS CONSE- 
 QUENCES. 
 
 In order that the reader may understand the 
 powers given to those "dressed in a little brief 
 authority," or those who chose to assume it— whether 
 convict constable or free loafer desirous of shewing 
 his superiority over a "new chum" in any district then 
 occupied — I subjoin a copy of the "Bushrangers Act," 
 which was passed by the Governor and the Legislative 
 Council in 1S30. It runs as follows: — 
 
 1. Whereas crimes of robbery and housebreaking have 
 increased to an alarming degree, and it is becoming necessary 
 to restrain the same, as much as possible by temporary pro- 
 visions, suited to the emergency of the occasion. Be it there- 
 fore enacted that it shall be lawful for any person whatsoever, 
 having reasonable cause to suspect and believe any other per- 
 son to be a transported felon, unlawfully at large, immediately 
 himself or with the assistance of other persons, and without a 
 warrant for such purpose, to apprehend, or cause to be appre- 
 hended, every such suspected person, and to take him, or 
 cause to be taken, before any Justice of the Peace for the 
 colony for examination as hereinafter provided. 
 
 2. Every suspected person taken before a Justice of the 
 Peace shall be obliged to prove, to the reasonable satisfaction 
 of such justice that he is not a felon under sentence of trans- 
 portation, and in default ^of such proof such justices may 
 cause such person to be detained in safe custody until he can 
 be proved whether he is a transported felon or free; and in 
 
 ' every such case the proof of being free shall be upon the per- 
 son alleging himself to be free. Provided always that every 
 Justice of the Peace may at his discretion, cause every such 
 suspected person to be securely removed to Sydney to be 
 there examined, and dealt with in like manner as aforesaid. 
 
 3. And be it therefore enacted that every person whatso- 
 ever who shall be found on the roads or in other parts of the
 
 144 AUSTRALIAN BUSHRANGING. 
 
 colony, with firearms or other instruments of a violent nature 
 in his possession, under circumstances affording reasonable 
 ground for suspecting that such person may be or intend to 
 be a robber, every such suspected person shall be liable to be 
 apprehended and taken before a Justice of the Peace in like 
 manner and be dealt with in all respects as hereinbefore pro- 
 vided; and in every such case the proof that such firearms or 
 other instruments of a violent nature were not intended for an 
 illegal purpose shall be upon the person in whose possession 
 the same shall be found. 
 
 4. And be it therefore enacted that it shall be lawful for 
 any person on having reasonable cause for suspicion and 
 believing that any other person may have any firearms or 
 other instrument of a deadly nature concealed about his per- 
 son to search or cause to be searched every such suspicious 
 person; and in case of discovering any such firearm or in- 
 struments of a deadly nature apprehend or cause to be appre- 
 hended any such person and take before any Justice of the 
 Peace to be dealt with 
 
 5. And be it further enacted that it shall be lawful for any 
 Justice of the Peace having credible information that any 
 robbers or housebreakers are harboured in the county or 
 district to grant a general search warrant to any one or more 
 constables to search any dwelling house or tenement or other 
 place within or reputed to be within such county or district; 
 and it shall be lawful for such constable in virtue of such 
 general warrant to break, enter and search, by day or by 
 night, any dwelling place, tenement or other place, and to 
 apprehend every person whom such constable shall have 
 reasonable cause for suspecting and believing to be a robber 
 or housebreaker, and to seize and secure all firearms or other 
 arms or instruments of a violent nature, and all goods and 
 chattels which such constable shall have reasonable grounds 
 for suspecting or believing to be stolen, and also to appre- 
 hend all persons found in or about any such dwelling house,- 
 etc.; and all whom such constable shall have reasonable 
 grounds for suspecting or believing to harbour or conceal 
 any such robber or housebreaker; and all persons, arms, 
 chattels and goods so found, seized and apprehended shall by 
 such constable be taken before a Justice of the Peace for 
 examination, and to be further dealt with according to law. 
 
 6. And whereas it is expected that robbers and house- 
 breakers shall be tried and punished as speedily as may be 
 consistent with the ends of justice, be it therefore enacted 
 that all persons who shall be fully committed for the crime of 
 robbing or of entering and plundering any dwelling house, 
 with arms and violence, shall be brought to trial as speedily 
 as possible, and being lawfully convicted and sentenced to
 
 THE EARLY DAYS IN N.S.W. MS 
 
 suffer death, shall be executed according to law on the day 
 next but two after sentence has been passed; unless the same 
 shall happen to be Sunday, and in that case, on the Monday 
 following; such sentence shall be passed immediately after 
 the conviction of such offender, unless the Court or jury shall 
 see reasonable cause for postponing the same. 
 
 7. And be it further enacted that every person who shall 
 "be found with firearms or other instruments of a violent 
 nature in his possession, and shall not prove to the satisfac- 
 tion of such Justice of the Peace that the same was or were 
 not intended to be illegally used, sl*ill be guilty of a high 
 misdemeanour, and being lawfully convicted thereof, shall be 
 liable at the discretion of the Court to be imprisoned for any 
 term not exceeding 3 years. 
 
 This Act was renewed from time to time, and 
 frequent proclamations were issued offering gratuities 
 to convicts who should assist in apprehending bush- 
 rangers. The authorities had good and sufBcient 
 reason to know that rogues would, without scruple, 
 "sell" their fellows for the sake of personal gain. 
 
 THE TROUBLES OF EARLY EMIGRANTS. 
 
 It will be readily understood that the free portion 
 of the population who lived in the invaded districts 
 were greatly harassed by the marauders, whether they 
 remained in their own homes or went on journeys. 
 But they were not the only persons to suffer, for in- 
 directly all travellers were made to share in the unrest 
 and deprivations consequent upon the outrages of the 
 convict freebooters ; and their sufiferings in some cases 
 were caused by the overzeal of the authorities. On 
 this point I will let a gentleman speak who had a large 
 acquaintance with colonial life in those days. Mr. 
 Harris, author of that remarkable book (now very 
 difficult to obtain) "Settlers and Convicts," narrates 
 some of the troubles through which he and other free 
 J
 
 146 AUSTRALIAN BUSHRANGING. 
 
 immigrants had to pass in those unsettled times. He 
 says : — 
 
 About three miles beyond Windsor, towards Sydney, we 
 came to a group of constables, all armed and gathered round 
 a young man, who evidently, by his English dress, had not 
 been long in the colony. This of course they could see as 
 well as I could, and as there was not the slightest indication 
 in any other point of his being a bushranger, there was in 
 fairness and common sense no ground for supposing him 
 anything else than a free emigrant. They, however, insisted 
 that, as he had "no protection," they would take him into 
 custody to be sent to Hyde Park Barracks, Sydney, the head 
 ofifice "for identification." It was in vain that he remon- 
 strated; their resolution remained unshaken. The chief con- 
 stable of the Windsor bench was at the head of the party, 
 
 and as he knew me well by often seeing me at Mr. 's, 
 
 he asked me no questions; otherwise I suppose I should have 
 shared the same fate. They marched the poor fellow to 
 Parramatta gaol that night, and next morning as 
 my fellow-traveller and myself walked leisurely on between 
 Parramatta and Sydney, one of the constables of the former 
 town overtook us, having him in charge for lodgment at the 
 Sydney police-office. As we walked on together I had a long 
 conversation with him, and with my little discrimination in 
 such matters, was soon quite sure that his tale was a true 
 one. He had come out to the colony to an old friend of the 
 family who had emigrated some years before to hold a re- 
 spectacle public situation, but on arrival found him to be dead. 
 After trying to get employment till everything was gone but 
 the clothing he stood in, he had wandered on up the road 
 toward the interior, more from the impulse of hope than of 
 any precise expectation, and had his journey cut short in the 
 way described. 
 
 I felt curious to know how the magistrates would deal- 
 with the case, for to me it seemed a most flagrant outrage, 
 whilst the constables maintained it was quite legal, and in 
 the common course of things. I had heard of such things 
 before, but did not quite credit them. I also felt interested 
 in the poor fellow, for I recollected how my own heart had 
 often sunk on my first arrival, when I tried day after day to 
 get a job without succeeding. The magistrate, Captain Rossi, 
 long the chief superintendent of the Sydney police, sent him 
 to the prisoners' barracks, where the documents descriptive o' 
 all individual transports are kept, but he was returned fron 
 thence as unknown. He was next sent to where he himseli 
 said he was known in town, and where it seemed to me he 
 might have been better sent first; from thence he was brought
 
 THE EARLY DAYS IN N.S.W. 147 
 
 back by a constable, with the merchant's certificate that he 
 had come out a free emigrant to the colony a few months 
 previously, in a ship consigned to his house. Captain Rossi 
 then informed him that he was discharged. The young man 
 asked what must he do if he was again taken into custody. 
 Captain Rossi said he should then know him again himself, 
 and would at once liberate him. The young man said this 
 was not what he meant; suppose he were arrested again, 
 many miles from Sydney, what was he to do? Could not 
 Captain Rossi give him a "pass" to protect him as he knew 
 him to be free? Captain Rossi said no, that was beyond his 
 province; he would recommend the young man to apply to 
 the Colonial Secretary. The poor fellow was about to reply, 
 when a couple of constables had him turned round, marched 
 oiT, and set at liberty at the courthouse door, before one could 
 count half-a-dozen. I confess I was puzzled to credit the 
 honesty of referring a man in immediate necessity of such an 
 urgent kind to an ofificial whose aid it would certainly require 
 several weeks to obtain, especially as the poor fellow had no 
 home for communications to be addressed to; and I was 
 equally puzzled to detect the difiference between the manner 
 in which this son of misfortune had been treated under the 
 magistrate's eye with his tacit consent, and a common assault, 
 that it was the magistrate's duty to take cognizance of 
 judicially. 
 
 After this afifair I began to think myself very fortunate in 
 never yet having met with the same treatment; which was no 
 doubt owing partly to accident, and partly to my having 
 always gone well dressed. Previously to this I had seen 
 portions of such cases, but this was the first I had had an 
 opportunity of observing throughout. As I am very careful 
 on so serious a point to state only what I am positive of, I 
 shall pass over plenty more where again I merely saw por- 
 tions of the affair, to go on to such as I can speak positively 
 to throughout. 
 
 The next was in my journey, hereafter detailed, up the 
 New Country. In passing through Stone-quarry I went into 
 a hut, which turned out to be a constable's, to rest. A few 
 minutes afterwards a middle-aged man stopped at the door, 
 and calling the constable out, inquired if he knew the man 
 who had just passed. The constable replied very deferentially 
 that he did not; the horseman I afterwards found was one of 
 the magistrates of the New Country travelling to Sydney. 
 After designating the poor constable by several rather singu- 
 lar names, Mr. ordered him to "be ofif after the fellow 
 
 and bring him back." Without any further directions as to 
 
 what was to be done with the man, Mr. pulled his horse's 
 
 head round and cantered off towards Sydney. The man was
 
 148 
 
 AUSTRALIAN BUSHRANGING. 
 
 accordingly brought back and lodged in gaol, where, as it 
 was Saturday, and the court of the district over for the day, 
 he would certainly have to remain until Monday. Some 
 years afterwards I happened to meet this old constable in a 
 distant part of the colony, and after calling to mind with some 
 
 PASS. 
 
 A^n-j^^^/^ 
 
 PERMIT 
 per Ship KAt^t^^^C*^^ ^^^ 
 
 whose dcBcriplion and personal. Signature are on the other side, to pass 
 from hence to y^/l.-*^-^ ^^ "" 
 
 the purpose of 
 
 
 there; ond t p -t etura dit e» t t a l i li ii > -plBgg^ 
 
 This Pais to he \v. foice fsr .-^::i^--»>-^.i^^-«'i^ Days, and no longc... 
 Giiea at (y c-^^f pi/i^y thiS 'iyC^ Day vj /h^-r-^i,. 
 
 10 ALL W^OU IT MAT CONCEEN. 
 
 y 
 
 I 
 
 / 
 
 > 
 
 w 
 
 difficulty where I had known him before, I asked him what 
 the man had turned out to be; he said, a free emigrant. He 
 had been brought before the Stone-quarry Bench on the 
 Monday, and after having been detained several days for the 
 reply of a gentleman in Campbelltown whom he referred to 
 as knowing him and able to recognise him by his handwriting
 
 THE EARLY DAYS IN N.S.W. 149 
 
 he was discharged, but just as in the other case I have re- 
 lated, without anything to protect him against the repetition 
 of a similar outrage by some other constable the very next 
 day. 
 
 I conic to a much later period of my residence in the 
 colony for a case: not that no intermediate ones present 
 themselves, but to show that only so lately as within the last 
 four or five years* matters were becoming much worse on this 
 point, instead of better, as one would suppose should be the 
 case as the free population came to outnumber in immense 
 proportion the bond. In travelling through the upper part 
 of the Hunter I stopped a few days at one of the principal 
 farms. During dinner the first day, the farm-constable ar- 
 rested a traveller on suspicion of being a bushranger, and put 
 him in confinement in a private lock-up, built on the farm. 
 The man was kept there several days before any magistrate 
 sat at the adjacent court to hear cases; and it then turned 
 out that the man had worked for that gentleman some years 
 before, and who recognised him and discharged him. The 
 poor fellow said he had come free to the colony twelve or 
 thirteen years before, and was generally arrested twice every 
 year under the Bushranging Act. He had made application 
 in one quarter and another for some protective document, till 
 he was quite tired and had quite given it up. He had now 
 made up his mind to it, and it did not afifect him as it did at 
 first. He slept the time away as well as he could, and was 
 all the readier for work when he got out. 
 
 A native had once told me he had some time before 
 passed seven weeks out of three months marching in hand- 
 cufifs under the Bushranging Act. Having been born in the 
 colony he had no protective document whatever. Some busy 
 farm constable arrested him on suspicion of being a bush- 
 ranger, at one of the farthest stations at Hunter's River, 
 where he was looking for work. After being taken in hand- 
 cuffs to Sydney, full 250 miles, and discharged, he went to 
 the Murrumbidgee on the same errand, where he was again 
 taken into custody by a soldier and forwarded in handcufYs 
 to headquarters under the same law. 
 
 As to the practice of the mounted police (dragoons 
 employed on the roads under the magistracy) of handcuffing 
 men to their stirrup-iron and so making them march or 
 rather run, it was at one time very common. I have several 
 times heard it stated that it was at last discontinued through 
 a trooper leaving his prisoner thus confined at a public-house 
 door, while he went in to drink, and the horse, startled by 
 something, dashed off and killed the man. 
 
 Whole shoals of men, both emigrant and freed, are 
 
 * This was written in if
 
 150 AUSTRALIAN BUSHRANGING. 
 
 daily passing to and fro from one police office to another "for 
 
 identification." The farm constables are 
 
 prisoners of the Crown, actually serving their sentence, who 
 have been authorised to act ostensibly for the purpose of 
 convict restraint on the farm. But no one questions their 
 right to arrest under the Bushranging Act; and now that the 
 settlers have commenced building private lockups on their 
 own farms this really becomes a very serious matter. . . . 
 Free men do not like being continually called upon by 
 prisoner constables to "show their freedom" and emigrants 
 very often have nothing to show, while at the same time their 
 bare word will not go for a straw; and thus, after going a 
 couple of hundred miles up the country for work, they may 
 be marched back in handcuffs, and eventually turned adrift 
 in Sydney without a penny in their pockets. At the same 
 time, if it has been regularly done under "The Bushranging 
 Act," there is no redress. 
 
 One of the worst points of the system still remains to 
 be told: diminution of sentence is held out to prisoners as an 
 incentive to the capture of bushrangers. Thus there is a 
 direct premium to the convict farm constable to arrest all 
 individuals he can afifix any suspicion to by the most active 
 ingenuity; for it will be hard if out of ten or a dozen cards 
 there does not turn up one trump. Hence some of these 
 fellows' entire occupation is going about peering after every 
 labouring man thej' can get a sight of, and demanding his 
 name, business and pass; in short, putting him through as 
 rigid and often as lengthened an examination as would a 
 justice of the peace if he were charged with theft. And as 
 they often do this, whether by Government authority or not I 
 cannot say, on some unfrequented bush road, with a horse 
 pistol in hand, there is nothing that can be done but putting 
 up with it.
 
 CHAPTER V. 
 
 THE LAST OF THE CONVICTS. 
 
 "STICKING-UP" OF A JUDGE. 
 
 Judge Therry in his "Reminiscences" gives the 
 following interesting chapter on Bushranging in the 
 early days : — 
 
 For several 3'ears after my arrival in the colony the per- 
 formance of circuit duty was a service of no small danger. It 
 was positively perilous to venture a few miles from Sydney, 
 in consequence of the daring of the bushrangers. It fell to 
 my lot to have once passed through the exciting ordeal of an 
 interview with them on the Bathurst Mountain in 1834. 
 
 At a lonely spot, on my way to the Bathurst circuit, 
 about 10 o'clock in the morning I was hailed by two men, 
 partially hidden behind a tree, their guns pointed at and 
 covering the heads of myself and servant, with the cry of 
 "Stop, or I'll send the contents of this through you!" We 
 were at once reduced to a state of terrified submission, and 
 did as we were bid. A few yards further on, and upon the 
 opposite side of the road was posted a third bushranger, with 
 instructions (as I afterwards learned) to fire upon us if we 
 had hesitated in yielding instant obedience. On alighting 
 from the carriage I put m.y hands instinctively into my pock- 
 ets, the hope suggesting itself at the instant that by giving 
 my purse I might perhaps save my life. The captain of the 
 gang, however, a convict for life, named Russell, suspecting 
 that I had put my hands into my pockets to search there for 
 pistols, desired me at once to take them out, or he would 
 shoot me on the spot. No fugleman ever performed a motion 
 more quickly than I disengaged my hands, as directed, from 
 my pockets, which were then rifled by Russell. This varlet, 
 who led the gang (they were a party of three bushrangers, 
 each armed with a double-barrelled gun and a brace of pis- 
 tols in their belts) consoled me by telling me that I need not 
 
 151
 
 152 AUSTRALIAN BUSHRANGING. 
 
 be apprehensive for my life, and that as to the little they took 
 I would not miss it. 
 
 In the midst of this very alarming adventure a somev/hat 
 ludicrous incident occurred. "The captain," as the others 
 called Russell, having taken my money, my w^atch and chain, 
 espied a watch and chain on my servant. He then asked me 
 if the man, whom he ordered to stand at the horses' heads 
 while he was engaged in robbing me, was a free man or a 
 prisoner — that is, an emigrant or a convict. With perhaps 
 imprudent truth, I replied he was a free man. "Then," said 
 the ruffian to him, "give me that watch." If I had said that 
 he was a convict that "fellow-feeling that makes us wondrous 
 kind" would have induced him to spare the poor fellow's 
 watch; but, finding he was not of the convict clique, he was 
 obliged to surrender it. With great coolness and audacity 
 the bushranger then asked my servant if the watch was one of 
 horizontal or lever movement? My servant, probably not 
 knowing the difference, guessed at which it was, and said 
 "Horizontal, sir." The bushranger thereupon deliberately 
 opened the watch and examined the works, and said "What a 
 d fool you take me for; why, this is a lever, man!" Putt- 
 ing his hand to his hat with a low bow, as if some favour 
 were conferred upon him, my servant replied, "Excuse my 
 ignorance, sir, I know no better." This explanation was 
 deemed sufficiently apologetic, and we were ordered to stand 
 aside. 
 
 Another traveller came in view, who shared a similar 
 fate. The treatment of this traveller showed of what little 
 avail it is to carry arms as a means of defence. On such oc- 
 casions the bushranger covers your head from the roadside 
 with his piece, before you have time to use firearms, though 
 you may carry them. Mr. Beaumont, of Richmond, was the 
 gentleman who succeeded me as the next bird to be plucked 
 and preyed upon. After taking the money and watches worn 
 by himself and his wife — a lady just arrived from England — a- 
 brace of pocket-pistols Mr. Beaumont had in his side-pocket, 
 and a gun strapped to the dash-board of his phaeton, they, 
 too, were told to stand aside. A third traveller came the same 
 way, carrying a gun strapped like Mr. Beaumont. Russell 
 quietly unstrapped both guns and told him and Mr. Beau- 
 mont they were "a pair of fools for carrying guns in places 
 where they ought to know they could not use them." On ex- 
 amination of the guns finding the last traveller's gun unfit for 
 his purpose, Russell dashed it against the trunk of a tree with 
 such violence as to separate the stock from the barrel, and he 
 then flung the fragments on the roadside. He kept, how- 
 ever, Mr. Beaumont's — a handsome fowling-piece — which 
 that gentleman did not carry for attack or defence. He was
 
 THE LAST OF THE CONVICTS. 153 
 
 taking it to his station to amuse himself with shooting up the 
 country.* 
 
 To other articles of plunder was added a box of percus- 
 sion-caps, which the rascals found in Mr. Beaumont's pocket. 
 We had still a further ordeal to pass through, which is termed 
 "bailing-up." This sort of ordeal consisted in our being 
 grouped together on the roadside, whilst one of the three 
 bushrangers was placed as a sentinel over us, with instruc- 
 tions from the captain to shoot the first man who stirred with- 
 out permission. 
 
 Having been thus detained for about half-an-hour, and 
 robbed of everything it was worth a bushranger's while to 
 take, the welcome command was given to us to "move on." 
 These fellows were afterwards apprehended for another and 
 still more serious robbery. They were transported to Nor- 
 folk Island, where I understood Russell became leader of the 
 choir in the little church on the island. His fine voice, no 
 doubt, captivated the chaplain and constituted a "case of 
 special circumstances," and exempted him from hard labor. 
 
 Afterwards I ascertained that the three bushrangers had 
 slept in the outbarn of the mountain hotel where I had 
 stopped on the previous night. The bushrangers were up and 
 stirring before me in the morning. I ascertained, moreover, 
 that the landlord was quite aware of their being in this barn, 
 but gave me no warning to beware or swerve from the road 
 I had to travel over. I could not reasonably find fault with 
 him, for these bushrangers on visiting the mountain hostelry 
 gave the proprietor plainly to understand that, if he gave the 
 slightest hint of their having been there, they would visit him 
 at night, set his house on fire, and destroy him, his house, 
 and its inmates, and they were scoundrels who (if the oc- 
 casion required it) would have executed their threat. These 
 mountain inns were usually about twenty miles apart, without 
 a single habitation of any kind intervening. It would be, 
 perhaps, taxing a man's means of information too severely to 
 expect a forewarning of danger, when one feels that it could 
 only be given at the peril of the informant and his family. 
 
 A SMART CAPTURE. 
 Colonel Miindy, in his excellent work "Our An- 
 tipodes," narrates the following incident which was 
 related to him by a gentleman well acquainted with 
 the chief actor. It was a remarkable case of capture 
 
 * Perhaps the judge did not know that Hack-hirds were good game, and 
 plentiful, in the interior at that time.
 
 154 AUSTRALIAN BUSHRANGING. 
 
 of a large band of armed convicts by an ofificer's party 
 of the mounted police. He says : — 
 
 This gallant officer having, to the surprise of the people 
 
 and garrison of the town of , marched one day, as 
 
 prisoners to the gaol, a body of bushrangers three or four 
 times the strength of his own force, was asked by his admiring 
 comrades how he had contrived this sweeping capture with 
 such long odds against him. The readers of Joe Miller will 
 recollect the Hibernian soldier who boasted, according to that 
 veracious annalist, that he had made prisoners of a whole 
 section of the enemy, single handed, by surrounding them. 
 
 Mr. , not being an Irishman, did no such impossible 
 
 thing. Stealing cautiously through the bush, with his little 
 party of four or five men, he espied the banditti, in number 
 about sixteen, busily cooking and eating in a hollow, some 
 thirty yards below where he stood — their arms piled a few 
 paces distant. 
 
 Leaving the men above with orders how to act, and 
 creeping down the bank, he suddenly jumped into the midst 
 of the robbers, shouting out, "Yield in the King's name, ye 
 bog-trotting villains!" Then, looking up towards his party, 
 "Send down," cried he, "two file to secure the arms; stand 
 fast the remainder, and shoot the first man that moves." 
 About twenty stand of arms were thus taken possession of, 
 handcuffs were applied as far as they would go, and, incredible 
 as it may appear, the disarmed banditti, with their teeth 
 drawn, were safely conducted by their captain to a neighbor- 
 ing township. 
 
 Here is another extract from Mundy : — 
 
 While on a visit at , the Messrs. , who are 
 
 natives of the colony, informed me that in their numerous 
 journeys through the bush, over a period of thirty or forty 
 years, they had never but once fallen in with bushrangers. It 
 occurred as follows: the two brothers, with an old gentleman, 
 a friend of theirs, were riding together unarmed, but accom- 
 panied by some dogs, when .the elder brother saw two men, 
 one carrying a musket the other a bundle, dive into the bush 
 on the roadside. He told his companions, but they thought 
 he was mistaken. However, on reaching the spot, he threw 
 the dog into the covert, and they soon "unkennelled the var- 
 mint." The old gentleman, who, it appears, was of choleric 
 temper, called upon them to yield, at the same time pouring 
 upon them a torrent of abusive epithets, and closing upon 
 them with his horse. "Stand back, and keep a civil tongue 
 in your head, or I'll blow out your brains!" exclaimed the 
 man with the musket; "I don't want to hurt you if you let me
 
 THE LAST OF THE CONVICTS. 155 
 
 alone, but I'll have some of your lives if you meddle with me!" 
 
 Mr. then addressed them mildly, but firmly, advising 
 
 them to surrender, as the gentlemen were determined to cap- 
 ture them. He pointed to two stockkeepers who were near at 
 hand to assist, if necessary, and reminded the musketeer that 
 his shot could only kill one of their party, and that murder 
 would make his case worse. 
 
 "Have you any firearms about you," demanded the 
 sturdy footpad; "if you have not, I can't and won't surrender. 
 I'm an old soldier; fought through the Peninsula, and I'm 
 
 d d if I strike to an inferior force!" Mr. replied 
 
 that they had no firearms, but could get them in a few 
 minutes. "Produce them, and I will give in," was the re- 
 joinder; "that will be an honorable capitulation." 
 
 Meanwhile the man with the bundle had been secured 
 and placed in charge of a shepherd who came up, and a 
 mounted stockman rode off for the stipulated firearms, the 
 old soldier-robber remaining doggedly at bay. Unfortu- 
 nately, during this interval, the peppery old gentleman re- 
 commenced his vituperation, upon which the other, swearing 
 a terrible oath, cocked his piece, and pointed it at his head, 
 
 when Mr. spurred his horse upon the robber and threw 
 
 him to the ground. He recovered himself actively, how- 
 ever, placed his back against a tree, and coming down to the 
 "Prepare for cavalry," showed once more an impracticable 
 front; then suddenly rising, he was in the act of falling back 
 into the woods to escape, when the accession of force neces- 
 sary to dignify the act of laying down his arms arriving, this 
 stickler for the honor of the army permitted himself to be 
 made a prisoner of war without further resistance. 
 
 Before I pass on to deal with the later-day bush- 
 rangers — who for the most part were native-born Aus- 
 tralians — I will give just two or three more cases, 
 which occurred in parts of the country far removed 
 from each other, in which "old stagers" — men who 
 had borne the convict's chain and were of the class to 
 which reference has previously been chiefly tnade — • 
 were the principal actors. 
 
 THE OMEO MURDER. 
 
 It was early in January, 1859, while the first gold 
 fever was still raging in Victoria, that a man named
 
 IS6 AUSTRALIAN BUSHRANGING. 
 
 Cornelius Green, a large gold-buyer, became the victim 
 of as foul and cold-blooded a murder as was ever 
 committed, the perpetrators being two monsters whose 
 lust for gold had evidently destroyed the last spark of 
 manhood within their breasts. The names of these 
 monsters were Chamberlain and Armstrong, and al- 
 though I have been unable to discover any previous 
 record of crime against them, the manner in which 
 they set about this deed of blood indicates very clearly 
 that it was not their first acquaintance with deeds of 
 violence. 
 
 Green had been at a digging township on Living- 
 stone Creek, in Gippsland, and having collected about 
 800 ounces of gold, arranged to proceed to Melbourne 
 with his treasure under the escort of a mounted con- 
 stable, a lady friend of Green's, Miss Mutter, also 
 making one of the party. The party started in the 
 afternoon intending to make a short journey as far as 
 a roadside inn, kept by a man named Burns, before 
 nightfall. This part of the journey they accomplished 
 in safety, but just before arriving at their halting place 
 the}^ passed three men, one of whom was known by 
 Mutter as a journeyman butcher named Chamberlain. 
 Next morning, having breakfasted, the party resumed 
 their journey, a Mr. Dickens, a storekeeper of Swift's 
 Creek, having joined them, as the road they were 
 travelling passed near his store, which was situated 
 about two miles from the inn. On arriving at this 
 place Mr. Green determined upon visiting the store for 
 the purpose of purchasing more gold, and when they 
 reached the turning the party headed for the store, to 
 reach which they had to cross along what was known 
 as the Tongee Racecourse, a fine flat piece of country.
 
 THE LAST OF THE CONVICTS. 157 
 
 but heavily timbered. As the road was not sufficiently 
 wide for the party to ride together they proceeded in 
 the following order : — Mr. Green in advance, leading 
 the pack horse with the gold strapped upon his back ; 
 Miss Mutter, upon the same line, upon his left ; con- 
 stable Green a few yards behind, with Dickens upon 
 his right, also leading a pack horse. They had covered 
 about half a mile of the distance when the constable 
 saw an armed man dressed in short trousers and white 
 shirt, with a white turban round his head, suddenly 
 step out from behind a tree, distant about 16 feet from 
 the road, and without uttering a word raised his gun 
 to his shoulder and deliberately fire at Mr. Green. 
 The unfortunate gentleman received the full force of 
 the shot in his side and at once fell against Miss Mut- 
 ter, whose horse, startled by the report and the falling 
 of Green, immediately bolted in the bush. Almost 
 simultaneously the constable was fired at from an- 
 other quarter, and received ugly wounds in both arms ; 
 and Dickens also was shot with slugs in the back ; it 
 was supposed from the fire of a third party, although 
 from what transpired subsequently, it appeared that 
 only two men were engaged in the outrage. Dickens' 
 horse and the constable's both bolted into the bush 
 with them, having, no doubt, been struck with some 
 of the shot, but the latter had not got beyond range 
 before he saw one of the men again deliberately take 
 aim at him and fire, although the second shot did not, 
 fortunately, take effect. The horse was a mettlesome 
 animal, and, gaining the mastery over the wounded 
 constable, made for the Tambo River, into which it 
 threw its rider, although the constable subsequently 
 managed to remount and ride towards the township
 
 158 AUSTRALIAN BUSHRANGING. 
 
 for assistance. After proceeding a short distance 
 along- the road, he met the maihnan, who had left 
 Livingstone Creek that morning with the down- 
 country mails. The constable related to him the cir- 
 cumstance of the "sticking-up," and inquired from 
 him how far he was from Swift's Creek, and the direc- 
 tion. In answer to his enquiries, the mailman told 
 him he did not know, as he was nearly an entire 
 stranger in these parts, this being his first trip, from 
 the mail contract having changed hands. However, 
 he stated they were fully two miles from Burns', to 
 which place he advised the constable to proceed with 
 all haste, himself pursuing the mail journey, although 
 he took the precaution of first planting his money at 
 the root of a convenient gum tree. 
 
 Miss Mutter's horse, after bolting into the bush 
 for about 200 yards, managed to relieve itself of its 
 rider by throwing her, although she was not hvirt in 
 the fall. Naturally looking back to the spot where 
 Mr. Green had fallen, she became witness to a hor- 
 rible scene. Poor Green was lying on his back, with 
 his hands uplifted, apparently supplicating the two 
 wretches who stood over him ; but his prayers were of 
 no avail, for another shot rang out upon the air and 
 the unfortunate victim sank into quietude. Yet even 
 then the robbers' thirst for blood was not appeased, 
 and as Miss Mutter turned to run from the spot, she 
 saw one of them hacking at the prostrate form with a 
 tomahawk. Almost dazed with the horrific sight 
 which had met her gaze. Miss Mutter ran blindly on 
 through the bush, and fortunately fell in with Dickens, 
 who also had been thrown, and was making his way in 
 the direction of his home as fast as his wounds would
 
 THE LAST OF THE CONVICTS. 159 
 
 allow him. They then had a distance of about a mile 
 and a half to traverse liefore reaching the store, and 
 together they ran until they reached the road, upon 
 which they found Mr. Green's two horses, they having 
 evidently got ofT before the robbers had finished their 
 murderous work. They drove the horses before them 
 to the store, and, to their surprise, discovered that the 
 valise containing the gold, cheques and papers, was 
 still on the saddle. These, of course, were at once 
 secured, and deposited in a place of safety. 
 
 In due course the constable arrived at Burns' Inn, 
 and told the landlord his story. A pack rider was at 
 once despatched to the police camp at Livingstone 
 Creek with the news, and before nightfall he returned, 
 accompanied by Inspector Hill, the whole of the police 
 force there stationed, and a number of the towns- 
 people, who had voluntered to join in the hunt for the 
 murderers. Reaching the scene of the tragedy, they 
 found Mr. Green's dead body, horribly mutilated, his 
 head riddled with slugs, the nose gashed off from 
 below the arch of the eyebrow, and one of his hands 
 nearly severed from the arm by a tomahawk cut, while 
 there was another terrible gash on the left temple. 
 Every valuable he had about his person had been 
 taken, and it is possible the robbers sought to gratify 
 their wild passion at the loss of the horse with the 
 gold by putting him to death as they did. 
 
 Near the spot where the body was lying, it was 
 found that the bushrangers had made a sort of ambush, 
 choosing two gum trees on a line with each other, and 
 filling up the intervening space with boughs, so that 
 they were completely hidden from the view of the 
 unsuspecting party approaching. On search being
 
 i6o AUSTRALIAN BUSHRANGING. 
 
 made, two saddle-straps and some pieces of cartridge 
 paper were found. The straps were at once identified 
 by Mr. Day, storekeeper and publican, who was of 
 the party, as having been sold by him to Armstrong, a 
 few days before, he and Chamberlain having lodged 
 at Day's house. The murdered man had also been 
 stopping at Day's, and here it was, doubtless, that 
 Armstrong and Chamberlain obtained knowledge of 
 his being possessed of the large parcel of gold. The 
 tw^o men had left the house early on the morning of 
 the murder and had not returned. 
 
 Poor Green's body was conveyed to Tangee and 
 there buried in the presence of all the townspeople, the 
 funeral service being read by a layman, as there was 
 no clergyman available. No inquest was held, as the 
 solitary magistrate located on the field was at the time 
 away on leave. 
 
 The search for the bushrangers was continued 
 with zeal by Inspector Hill and his men, but for some 
 time it was unsuccessful. From the scene of the 
 murder they traced them to a locality forty miles dis- 
 tant, where they had stolen fresh horses, leaving their 
 jaded animals behind them. The chase was a long 
 and severe one, but at last the murderers were caught, 
 and I cannot do better than allow one of the then 
 residents of Livingstone Creek tell the story of the 
 pursuit and capture, as he told it when writing to a 
 friend in Melbourne on the ist January, 1859. He 
 says : — 
 
 Inspector Hill, mounted troopers Reid and White ac- 
 companied by Messrs. M'Allister, Sheean, and Davies, left 
 for Mount Gibbo. the police going by way of McFarland 
 and Pender's stations, at Omeo. the others keeping the direct 
 route, but again meeting at Murphy's Water Holes, distant
 
 THE LAST OF THE CONVICTS. i6i 
 
 six miles from the place where they parted. They then 
 halted at Green's stores on the Gibbo Creek, had breakfast, 
 and proceeded immediately after to Toke's store, three miles 
 further on, where they ascertained that Chamberlain and 
 Armstrong had arrived early on Sunday, Armstrong paying 
 a visit to Toke's store. Toke was absent at the Livingtone 
 at the time, but his storeman acquainted him on his return 
 with regard to their visitors, and pointed out their encamp- 
 ment. Toke paid them a visit, and after apparently sympa- 
 thizing with them, succeeded in gaining their confidence, and 
 the two then related the whole narrative of Green's murder, 
 and also that they had intended to murder Dickens, as he 
 knew them, but the pack horse, which was carrying the gold, 
 having got off, and while they were looking for it Dickens 
 escaped. 
 
 While at Toke's, Chamberlain wrote a letter to Paynter 
 the butcher, on the township, to be delivered by Toke, who, 
 however, placed it in the hands of the police, at the same 
 time telling the whole conversation he had with Chamber- 
 lain and Armstrong, and so freely as, perhaps, may entitle 
 him to the £300 reward offered by Mr. Day. Early on the 
 Tuesday morning following. Chamberlain and Armstrong 
 removed three miles further up, at Wheeler's Cross- 
 ing, in order to steal two more horses, in which 
 they were unsuccessful. They had left two hours 
 before their pursuers arrived and their departure was 
 delayed as long as possible by Toke, who furnished their 
 supplies, taking a very long time to supply them. They 
 paid him with a horse and bullock receipts. The party of 
 pursuers which arrived at the Livingstone was joined by 
 Toke and a black named Tommy. They left at half-past one, 
 crossed the Gibbo, and camped at Wheeler's crossing for 
 the night, after riding 70 miles that day. They kindled no 
 fire, and supped on bread, sardines, and water from the creek. 
 After having spent a cold, wet. miserable night, they started 
 at day break, and after riding four miles, came up to a dig- 
 gers' encampment, and were told by one of the diggers, who 
 had been at Wheeler's Station the previous evening, that he 
 had seen the tracks of two horses, which had gone into the 
 scrub. They then rode in pursuit, and after an hour and a 
 half, reached the place where the two men had been encamped. 
 The men were, however, gone, but their fire was still burn- 
 ing, and the tracks of the horses were plainly discernible. 
 One of the party showed them a near cut. saving three 
 miles, which they immediately took, and within a quarter of 
 a mile of the main track, Mr. Sheean saw Chamberlain in ad- 
 vance of Armstrong, who, seeing themselves observed. 
 wheeled their horses round, and made for the banks of the
 
 i62 AUSTRALIAN BUSHRANGING. 
 
 creek. In doing this, Armstrong's horse was bogged, and 
 he thrown from his saddle. Both then left their horses and 
 swags, taking a gun and revolver with them. All now 
 joined in the pursuit except Davies, who stuck by the horses, 
 as they had been stolen from him. After going about three- 
 quarters of a mile up the range, Tommy on their track like a 
 bloodhound, after pausing for a moment, looked up and 
 spied them in a tree. M'AUister, who was with him, then 
 cooey'd, and was at once joined by the rest of the party. 
 Inspector Hill immediately ordered them down, and said the 
 charge against them was horse-stealing. They never at- 
 tempted to fire. The capture took place on Wednesday 
 morning, about eight o'clock. They then returned by the 
 same route, and when it was known in the township on 
 Thursday night, that the murderers had been captured, every- 
 one was overjoyed. They were brought in on Friday, when 
 fully two-thirds of the population turned out, and cheered the 
 police as they passed through. Armstrong was the first to 
 jump from his horse and rush into the lock-up. Chamber- 
 lain seemed very indifferent, and even began to chaflf the 
 crowd. So confident were they that they would not be taken, 
 that Chamberlain wrote a letter to Paynter to this effect: 
 "That he felt sure the snafifle men (police) would not catch 
 him this time yet. He would return some fine moonlight 
 night, in about six months, and also that the articles which 
 Paynter had planted for them amongst the rocks, they could 
 not find." Paynter was also to school a young man called 
 Sydney Penny, and should they get clear of?, to be sure and 
 maintain that the last place at which he saw them was the 
 Water Holes looking for horses. 
 
 Paynter and Sydney Penny are both in the hands of the 
 police. The former is chained in the stable, and the latter, 
 being the first occupant, is chained in a room in the new 
 quarters. The other two are in the lock-up. 
 
 I am, yours respectfully, &c.. 
 
 In July of the same year Armstrong and Cham- 
 berlain were tried in Melbourne for the murder, and 
 being convicted on the clearest evidence were publicly 
 executed. 
 
 DIGNUM AND HIS GANG. 
 
 As a rule the members of gangs were true to each 
 other, one member not infrequently risking his own 
 safety rather than desert his mates when hard pressed
 
 THE LAST OF THE CONVICTS 
 
 by their common enemy, the police. But 
 one instance of horrific treachery in the da 
 convictism cursed the land, before horses were avail- 
 able for general use, and when gold escorts were things 
 unknown. It was in the year 1837, and occurred on 
 the overland route between Melbourne and Adelaide. 
 Settlement was only beginning in the Port Phillip dis- 
 trict — then a province of New South Wales — and con- 
 vict escapees from tlie Sydney side or Van Diemen's 
 Land were more numerous than was desired by the 
 early settlers, who experienced some remarkably 
 rough times from these reckless marauders. Early 
 in the year named a company of nine convicts, mostly 
 "lifers," escaped from the neighbourhood of Yass, and 
 a man named Dignum and two other runaways "took 
 the bush." Subsequently the three were joined by a 
 mere youth named Comerford, who is described as 
 fair and tall, having a most prepossessing cast of coun- 
 tenance, and by five other convicts, who absconded 
 from the service of the masters to whom they had been 
 assigned. The gang at its full strength numbered 
 nine, with Dignum as leader and Comerford as first- 
 lieutenant. 
 
 After committing many crimes in the neighbour- 
 hood of Melbourne, and creating a widespread feeling 
 of alarm among the settlers, they determined to quit 
 that territory and cross the continent to some sea port, 
 in the hope, doubtless, of making a clean escape from 
 the country. They appeared to have started on their 
 journey without any definite idea where it was to end, 
 but when fairly on the march they resolved to make 
 for South Australia and lose themselves among the 
 free immigrant population of the colony. They had
 
 AUSTRALIAN BUSHRANGING. 
 
 spot near Mount Alexander when the dis- 
 is made that provisions were running short ; 
 tiiere were no flocks or game in the locaHty, and they 
 began to dispute among themselves as to the best 
 course to follow. The distrust and hatred thus gener- 
 ated speedily found expression in a deed of blood. 
 
 The leader was determined to be leader still, and 
 if his followers did not choose to obey his behests he 
 would get rid of them. The band travelled on foot; 
 after the day's march they formed a camp of boughs, 
 lit a huge fire in the centre, and, wrapping themselves 
 in their blankets, lay in a circle with their feet to the 
 fire, their loaded guns being placed within easy reach 
 in case of a surprise. 
 
 The night had come, the camp had been fixed, and 
 each man had coiled himself in his blanket, although 
 sleep was far from the thoughts of the leader. Dignum 
 was the last to turn in, and before he lay down he man- 
 aged to place three of the guns and an axe within easy 
 reach. His intention was to rise when his companions 
 were asleep, and, by axe or gunshot, to destroy the 
 whole gang, then making ofif with the provisions and 
 escaping alone. 
 
 But young Comerford was uneasy, and could not 
 rest, although the others slept the sleep of the weary. 
 He may have been suspicious, or himself have con- 
 templated doing what Dignum had decided to do. The 
 latter had risen to carry into execution his devilish 
 scheme, when Comerford also rose, and a short con- 
 sultation between them resulted in an agreement to 
 join hands in the wholesale massacre. Selecting their 
 posts on each side of the sleeping circle, the villainous 
 couple set about their ghastly work. Four of the
 
 THE LAST OF THE CONVICTS. 165 
 
 seven sleepers, smitten swiftly and with fatal precision, 
 never moved. The three others, desperately wounded, 
 staggered to their feet, but were quickly despatched ; 
 and the two murderers grinned with delight at the 
 completeness of the slaughter. The bodies were 
 thrown upon a huge fire of logs, and while they were 
 being burnt the brothers-in-blood consulted as to 
 future movements. The march overland was aban- 
 doned. Turning upon their tracks, Dignum and 
 Comerford made their way back towards Melbourne. 
 Here they engaged with a wealthy squatter, who hap- 
 pened to be in need of hands, and remained with him 
 for some time ; but finding steady work irksome they 
 absconded and hired with another squatter in another 
 part of the district. The first master followed them, 
 and had them arrested on warrant for breach of agree- 
 ment, but did not succeed in bringing them to court. 
 Seizing a favourable opportunity, they slipped the 
 handcuffs which had been placed upon their wrists, 
 took possession of a couple of guns which they found 
 in the hut, and once more took to the bush. 
 
 Again robberies were reported daily to police 
 headquarters, and so frequent and daring did the ex- 
 ploits become that the authorities were spurred into 
 unwonted activity to arrest the perpetrators, whose 
 identity had by this time become known. When they 
 found themselves hotly pressed, the two villains sought 
 safety in flight, and re-entered upon the abandoned 
 journey to Adelaide. But that journey was rudely in- 
 terrupted. Having once tasted blood, Dignum sought 
 for more, and one day when Comerford was in- 
 cautiously leading the way, he fired at his back. The 
 aim was not true, however, and the younger bush-
 
 i66 AUSTRALIAN BUSHRANGING. 
 
 ranger at once turned and fled ; he made his way back 
 to Melbourne, surrendered to the authorities, made a 
 full confession of the murder, and gave such inform- 
 ation as led to the arrest of his erstwhile leader and 
 companion in crime. 
 
 At first the police discredited Comerford's story, 
 so horrible and improbable were the details ; but he 
 was accepted as King's evidence in the case, and the 
 two men were taken to Sydney under a strong guard 
 — there being at that time no Supreme Court in Mel- 
 bourne. 
 
 In Sydney Comerford repeated his extraordinary 
 story, which here also was received with incredulity. 
 The Government at last, however, decided to test its 
 truth, by sending Comerford back to Melbourne in 
 charge of an infantry sergeant named Tomkins, two 
 soldiers and two policemen, with instructions to guard 
 him strictly and take him to the spot where the mur- 
 ders were said to have been committed. 
 
 Securely handcuffed, Comerford correctly guided 
 the party to the neighbourhood of Mount Alexander, 
 and showed them the exact spot on which the murders 
 were committed. Proof indisputable of the truth of 
 his story was furnished in the shape of human skulls, 
 bones, and raiment, which had remained unconsumed 
 by the fire ; and the sergeant having taken notes of 
 what had been seen, the party commenced the return 
 journey towards Melbourne. All doubts as to Comer- 
 ford's truthfulness having thus been set at rest, his 
 guard became less careful as custodians, and more in- 
 clined to be lenient towards him ; nor was he slow to 
 take advantage of their leniency. Having complained 
 of the heat and fatigue he suffered from marching in
 
 THE LAST OF THE CONVICTS. 
 
 167 
 
 handcuffs, the latter were removed during the day 
 time, although care was taken to resume them at night, 
 when a halt was made. When a halt was called at the 
 close of the second day it was discovered that the 
 soldiers had inadvertently left their supply of tea and 
 sugar at the last camping ground, and it was agreed 
 that the two privates should return and recover the 
 lost rations, the sergeant and the policemen remaining 
 in charge of the prisoner. The privates were so long 
 away, however, that it was concluded they had lost 
 
 SKULL OK A BUSHRANGER SHOT IN VICTORIA. 
 
 their way, and one of the policemen was sent to look 
 after them, two only remaining with the prisoner. This 
 man having left, the sergeant, the constable, and 
 Comerford proceeded to make a meal : and Comerford 
 had behaved so well that the sergeant saw no risk in 
 removing his handcuffs in order that he might enjoy a 
 little freedom when eating. He was still eating when 
 the constable sauntered away to a neighbouring hill to 
 see if the missing men were approaching — and then
 
 i68 AUSTRALIAN BUSHRANGING. 
 
 the sergeant committed the mistake of his life. He 
 rose, rested his carbine against the trunk of a con- 
 venient tree, and was proceeding to bring some water 
 from a few paces ofif, when Comerford, springing to 
 his feet, seized the firelock and presented it at Tomkin's 
 head, exclaiming, "Now, by God, I'm a free man once 
 more ! I don't want to hurt you, sergeant, but stand 
 off or I'll blow your brains out, for no man shall stop 
 me !" 
 
 In vain the dismayed and helpless sergeant ex- 
 postulated with him, exclaiming that his prospects 
 would be destroyed if Comerford got away. 
 
 "Never mind," returned his erstwhile prisoner, 
 "you keep off and let me go, or, by God ! I'll do it !" 
 Upon which the sergeant, who was not lacking in 
 bravery, although he had been foolish and unwatch- 
 ful, made a rush at Comerford, who instantly fired and 
 shot him through the body. Hearing the report of the 
 firearm, the constable hastened back to the camp, to 
 find that the prisoner had disappeared, and that his 
 superior officer was on the point of death. Poor Tom- 
 kins lived only long enough to make a statement. 
 
 When the others came back, diligent search was 
 made for the escapee, to whom very scant mercy would 
 have been shown if he had been found ; but the search 
 was futile, and the four disconsolate men returned to 
 headquarters. 
 
 For several weeks Comerford ranged the bush in 
 the neighbourhood of Melbourne, having made back 
 to his previous haunts. He became the terror of the 
 settlers, whom he intimidated with threats of violence 
 into supplying him with food and other requirements. 
 But his day was drawing to a close. The Government
 
 THE LAST OF THE CONVICTS. 169 
 
 ofiFered a reward of £50 for his apprehension, and a 
 free pardon to any convict who might secure him, and 
 those of the latter who had assisted him when there 
 was no "blood money" to be got by betraying him, 
 now became most anxious to take him prisoner. 
 
 Driven to extremity by shortness of provisions, he 
 entered the men's hut on a cattle station and gave an 
 order for breakfast, intimating that he would shoot the 
 first man that moved otherwise than to do his bidding. 
 There were five men in the hut, and for a time none of 
 them could pluck up courage to attempt a capture. 
 With his gun between his knees, Comerford made a 
 meal of "damper," beef, and tea, and then asked for 
 tobacco, saying he wanted a smoke. One of the con- 
 victs, a stockman known as Kangaroo Jack, supplied 
 him with this luxury, and Comerford proceeded to 
 have a smoke ; but while he was in the act of lighting 
 the pipe Jack suddenly wheeled round and dealt him 
 a terrific back-handed blow, which threw him oflf his 
 balance, and before he could recover it he was seized 
 and held in an iron grip. After a furious fight he was 
 secured, bound hand and foot, and conveyed in a bul- 
 lock dray to Melbourne, and thence to Sydney, where 
 he was placed upon his trial for the murder of the ser- 
 geant, convicted, and hanged. 
 
 His companion in crime, Dignum, escaped the 
 fate he merited, through absence of sufficient evidence 
 against him ; but he was sent as a "lifer" to Norfolk 
 Island. 
 
 Kangaroo Jack received the "absolute pardon" 
 promised as the reward for Comerford's capture.
 
 170 AUSTRALIAN BUSHRANGING. 
 
 THE ROBBER OF THE CAVES. 
 
 The reference to Hartley in the case of the mail 
 robbery for which Day was convicted calls to mind the 
 case of a bushranger named McKewin, a notorious 
 scoundrel, who evaded capture for a very long time 
 during the "thirties." For several years this desper- 
 ado carried on his depredations in different parts of 
 the Hartley and Fish River Districts, but although 
 frequently tracked to the mountainous region, which 
 was then unexplored, he always managed to disappear 
 in a most mysterious manner. At last two mounted 
 troopers accompanied by Mr. Charles Whalan man- 
 aged to get upon a "hot scent," following up which 
 they were enabled to solve the mystery. This was in 
 1841. It was concluded that McKewin's retreat must 
 be in one of the deep gullies which in that part of the 
 country abound, and the party determined to explore 
 them thoroughly. After much labour his hut was 
 discovered on a little flat in one of the most secluded 
 mountain gorges : it was surrounded during the night, 
 and the bushranger, on being challenged to surrender, 
 came to the door in a woman's nightdress. 
 
 After capturing him the party made its way down 
 the gully, and came suddenly in sight of a huge cavern 
 in the hillside, whose mouth was nearly three hundred 
 feet high. Passing into it (for it was the only outlet 
 to the gully) they clambered over gigantic boulders to 
 a tunnel-like passage at the other end, which led them 
 to the banks of a creek which emerged from a similar 
 cavern to their right. Thus were first discovered the 
 great caves now known as the Devil's Coach House 
 and Grand Arch. 
 
 For many years it was believed that McKewin had

 
 THE LAST OF THE CONVICTS. i73 
 
 a secret hoard among the hills, and many a hunt there 
 was after it : but all that ever was found was the re- 
 mains of a rum keg. In a cave not very far from his 
 hut there has since been found a set of bullock-bows, 
 which the bushranger stole from one of Mr. Whalan's 
 teams. 
 
 It is not necessary to give a detailed account of 
 McKewin ; suffice it to say he was captured, lodged in 
 Hartley Gaol, afterward tried by a Sydney jury, and, 
 subsequently, sentenced and transported to Norfolk 
 Island, where he died. His companions were never 
 found. 
 
 In those days this district was full of wild cattle. 
 Parties used only to visit it for the purpose of beef 
 hunting, and it was during some of their exploits that 
 they came in contact with this wonderful limestone belt 
 and its strange openings. The various parties re- 
 turned and told queer and discredited stories of the dis- 
 trict. At different times some of the more adventur- 
 ous of them returned to the spot and made attempts at 
 exploring. They could not penetrate far ; the diffi- 
 culties they met with were extreme ; no roads, no help 
 obtainable, and no house to rest in after their labours. 
 Their discomforts were very great, and they wearied. 
 Thus by slow degrees this marvellous locality gained 
 its reputation. Very small interest was taken in the 
 place, however, and little or nothing was done until 
 Mr. Jeremiah Wilson and party came from Oberon 
 and explored them, submitting to all kinds of hard- 
 ships and privations in the process. Mr. Wilson was 
 afterwards appointed keeper of the caves by the Go- 
 vernment and chief guide.
 
 174 AUSTRALIAN BUSHRANGING. 
 
 THE JEW-BOY'S GANG. 
 
 One of the more notorious of the bushrangers of 
 the forties was a convict Jew named Davis, who made 
 his escape from an ironed gang working near Sydney, 
 and " took the bush," being soon joined by a desperate 
 character named Ruggy, an Irishman, and two other 
 runaway prisoners. Shortly after the gang com- 
 menced operations in the Brisbane Water and Hunter 
 River Districts, three recruits joined, the latest ad- 
 dition being a youth of weak intellect, who had been 
 led away by Davis' florid descriptions of the freedom 
 and pleasures of a bandit's life. 
 
 The members of the gang were well mounted and 
 well armed with double-barrelled guns and pistols, 
 and supplied with pack-horses to carry "swag." Con- 
 scious of their strength and their ability to get away 
 quickly from any pursuers with whom a fight was not 
 desirable, they pursued their nefarious occupation 
 with the utmost boldness and openness. For a long 
 time they eluded the vigilance of the local mounted 
 police, who certainly were not wanting in energy when 
 fairly "on the hunt." When advised that the troopers 
 were out, they confined themselves to the deep bush 
 ravines, where dense forests and beetling rocks af- 
 forded shelter and concealment. Here they would 
 stay until the police grew weary, when they would 
 again sally forth. 
 
 The gang committed so many depredations in 
 twelve or fifteen months that the Government began 
 to realise that some special effort was needed to cap- 
 ture them. Hence they despatched a strong body of 
 mounted police under the command of a subaltern 
 from Sydney to the Brisbane Water district, with
 
 THE LAST OF THE CONVICTS. 175 
 
 orders to take the Jew-boy and his companions either 
 aHve or dead. But even the force from Sydney could 
 not effect a capture, although they pressed the gang 
 closely and forced them to make back to the Hunter 
 River district. On the day of their arrival they looted 
 a store at Muswellbrook, and then went on to Scone, 
 putting up at Wilkie's Inn and ordering "dinner for 
 seven, and be sharp about it." After dinner they ran- 
 sacked the one local store, adorning themselves with 
 the gayest ribbons they could find before leaving the 
 place. 
 
 Up to this time they had not shed blood, as Davis 
 insisted that his companions should preserve clean 
 hands in this respect, and only resort to violence for 
 the preservation of their own lives and liberty. But 
 now they added murder to their other crimes, and 
 closed the door against hope of escape from death 
 themselves. As they were leaving the store, one of 
 the employees, a recent arrival from England, with 
 more courage than prudence seized a pistol and fired 
 at one of them. The shot did not take effect, and the 
 rash man threw his pistol down and rushed towards 
 the police station to give the alarm. His race was a 
 short one. Ruggy leapt upon his horse and pursued 
 him, shooting him through the back as he ran, and the 
 young fellow fell dead in his tracks. 
 
 This tragedy enacted, Davis and his six com- 
 panions fled precipitately, for they knew the murder 
 would raise the country against them. They made for 
 the densely wooded Liverpool Range, stopping for a 
 while on the way at Atkinson's Inn, on the Dage 
 River, where they bailed up all the inmates and in- 
 dulged in a hearty meal of beef and beer. They de-
 
 176 AUSTRALIAN BUSHRANGING. 
 
 clined the stronger drink that was offered them by the 
 landlord, declaring that rum could only be taken with 
 safety when they were in camp. Before resuming 
 their flight they rounded up all the good horses and 
 made an exchange, leaving their weary steeds in place 
 of the fresher animals ; then they headed for Dough- 
 boy Hollow, one of their old bush rendezvous, where 
 they calculated on passing the night safely. 
 
 But Nemesis was already following close upon 
 their heels. A small party (three or four civilians and 
 a couple of Border Police) headed by Mr. Day, police 
 magistrate, who had formerly served as lieutenant in 
 the 17th Regiment, were soon in full chase. Their 
 first place of call was Scone ; there the sight of the body 
 of the murdered man inspired them with fresh reso- 
 lution, and they pushed on with vigour, easily follow- 
 ing the freshly-made tracks. Several residents joined 
 in the chase, and when the pursuers reached Atkin- 
 son's Inn they formed quite a large party. 
 
 The sun was just sinking when, never having lost 
 the track of the bushrangers in a ride of fifty miles, 
 Mr. Day and his party came in sight of Doughboy 
 Hollow. The spot was a favourite camping ground 
 for teams, and a cursory glance was sufficient to show 
 the pursuers that the men they wanted had joined 
 some teamsters at their evening meal. The bush- 
 rangers were seated round a log fire, a couple of them 
 being engaged in casting bullets for future use, while 
 their horses were tethered some distance away. 
 Quickly dismounting, Mr. Day and several of his men 
 made a rush to seize the gang before they could re- 
 cover from their surprise ; but Day incautiously raised 
 a cheer as he ran, and at once the bushrangers seized
 
 THE LAST OF THE CONVICTS. 177 
 
 their guns and rushed to cover behind the nearest 
 trees. A brisk fusillade commenced. The Jew fired 
 twice at Day, and Ruggy at one of his companions ; 
 but fright had made their hands unsteady, and the 
 bullets did not take effect. Day returned the fire and 
 wounded Davis in the shoulder; then he rushed at him, 
 wishing to take him alive, and after a short struggle 
 succeeded in overpowering him. Ruggy was also 
 seized when he had exhausted his fire, and four others 
 of the gang threw down their arms and surrendered. 
 The seventh man escaped, but was subsequently cap- 
 tured. Altogether about twenty shots were fired, but 
 no one on either side was killed. 
 
 Shortly after their capture the Jew-boy and his 
 mates were removed in irons to Sydney, where they 
 were tried, convicted and condemned. Up to the last 
 moment Davis hugged the belief that his life would 
 be spared, on account of his having prevented the 
 shedding of blood whenever he was able to control his 
 followers. Strong efforts were made by powerful 
 friends of his own persuasion to save him, but they 
 were unavailing; and together the leader and his 
 followers expiated their crimes on the gallows in Syd- 
 ney in February, 1841. 
 
 "SCOTCHEY," WITTON & CO. 
 Between 1842 and 1844, two convicts named 
 "Scotchey" and Witton absconded from Waugoola, 
 and with others kept portions of the Lachlan district 
 in a state of continual alarm by their outrages. They 
 were wild, reckless, bloodthirsty fellows, and would 
 stop at nothing to gain their ends. One or two of 
 their exploits will suffice to show what manner of men 
 they were.
 
 I7S AUSTRALIAN RUSHRANGTNG. 
 
 At one of the stations in the district in which they 
 were "ranging," a large company of men had as- 
 sembled for the annual cattle muster, and after night- 
 fall fourteen of them, including several "Government 
 men," had gathered round the fire in the hut, for the 
 evening smoke and yarn. Suddenly Scotchey and 
 Witton stood at the door with guns presented, declar- 
 ing that the first man that moved from his position 
 would have the privilege of painting the door with his 
 brains. A third man — Russell — was with them, and 
 him they ordered to enter the house and search it for 
 money and valuables, while they kept the inmates 
 under close cover. In one large box the hunter dis- 
 covered the owner's branch bank, in which there was 
 a little money and a number of papers, including one 
 cheque for £60. The money was secured, but the 
 papers and cheque were cast aside as useless. One 
 of the prisoners — the manager of an adjoining station 
 — complained that the fire was roasting him and that 
 he must change his position. "Then," said Scotchey, 
 "just turn the other side and you will be nicely baked 
 by the time we have searched the house; but if you 
 move you are a dead man." The manager took the 
 advice : but thinking that fourteen men were rather 
 too many to be kept prisoners in such fashion by two, 
 he suggested in a whisper to an old man at his side 
 that by making a simultaneous rush they would be 
 able to overcome the bushrangers. "I will knock 
 one of them down with this block I am sitting on," 
 said he, "while you tackle the other." He found that 
 he had made his suggestion to the wrong individual. 
 The man was an old convict himself, and had more 
 sympathy with the robbers than with the robbed.
 
 THE LAST OF THE CONVICTS. ' 179 
 though the latter was his own master. "By ," 
 
 said he "if you move I'll tell them, and you'll get your 
 brains in your pocket." Under such circumstances 
 the manager deemed it prudent to remain quiet and 
 inactive. 
 
 He was destined to meet the same gang on more 
 than one occasion subsequently. The very next day 
 he was in his own hut telling his wife and the station 
 hands what had taken place, and expatiating on the 
 power of two men with guns to make cowards of four- 
 teen, when suddenly another voice, louder than his 
 own, was heard enquiring "How many are there 
 here?" This time there were only six ; but on look- 
 ing towards the door those six saw two men with 
 guns pointed through it, and these the overseer recog- 
 nised as Scotchey and Witton, who were evidently 
 making a tour through the station holdings. As 
 soon as Scotchey got an answer to his question he 
 ordered them all to march outside on pain of having 
 their brains blown out. Meekly they obeyed, all ex- 
 cept the overseer's wife. With a daring that must 
 have made her valiant-spoken husband very proud of 
 her, she coolly walked up to the bushrangers and, 
 "I'm sure," said she, "you would not hurt a woman, 
 bushrangers though you are." She even went so far 
 as to place her hand upon Scotchey's arm, and look- 
 ing into his eyes she begged him not to take any of 
 their little store, as she and her husband were only 
 just married, and were struggling hard to save a little 
 in order that they might start life on their own ac- 
 count. Scotchey would have faced a crowd of men, 
 and shot them down without compunction, if they had 
 resisted; but he could not withstand the appeal of a
 
 i8o AUSTRALIAN BUSHRANGING. 
 
 woman's soft tongue or the pathetic glance of a wo- 
 man's eye. Dropping his gun, and looking the young 
 wife steadfastly in the face, he declared by his Maker 
 that he would not rob them ; and he kept his word 
 He called his mates, the three without another word 
 left the place, while the overseer and his men looked 
 on with wide open eyes of amazement. 
 
 Just a word here, by way of parenthesis, to show 
 that this "weaker vessel" had a heart stout to meet 
 danger and face death without dismay. Shortly after 
 the visit of the bushrangers, she removed with her 
 husband to another station in the same district, be- 
 longing to the same owner — a very lonely spot in the 
 far bush, where the blacks and kangaroos, the natural 
 denizens of the place, were wild and troublesome. One 
 day the cattle broke away from the new camp, and the 
 overseer and his men saddled up and went after them, 
 sleeping on their tracks the first night of pursuit, and 
 the next day overtaking them and bringing them 
 back. During the first day of their absence, the 
 lonely woman was startled by the appearance of about 
 40 blackfellows at the hut, painted, and without their 
 gins — a sure sign that they meant mischief. And here 
 I will let the brave young wife — who was a typical- 
 Australian girl of the early times, a splendid eques- 
 trienne, and able to handle a rifle or pistol as well as 
 most men — tell her own story : — 
 
 The blacks came up and asked me — "Where white fel- 
 low?" I, of course, gave them no satisfaction. I was taking 
 my tea, and they ordered me to give them bread ("tong- 
 ong""), a commodity I was very short of at the time. Flour 
 was then £5 ids per cwt., and. so far in the bush, it was not 
 to be had for money. However, I shared what I had with 
 them; but that did not satisfy them, and one of them threw it 
 in the fire. This so annoyed me — knowing how glad I should
 
 THE LAST OF THE CONVICTS. i8i 
 
 be of it myself — that, in the heat of the moment, I twisted a 
 leg out of the stool and rushed them out of the hut, striking 
 the fellow that had thrown the bread in the fire a heavy blow 
 between the shoulders. He turned and uttered a savage yell 
 and said, "You be poor fella before euroka begone next night" 
 — you'll be dead before the sun sets to-morrov/ night. When 
 they were gone I shall never forget the feeling of loneliness 
 and horror that came over me. Night came on, but no 
 Lawrence — no white man; and I was alone in the wild back 
 woods, in a frail bark hut without a bar or lock. And, terrible 
 to relate, I never once looked up to "the Strong for strength;" 
 yet, unsought and unseen, His mighty arm was uplifted to 
 shield me from every danger. As the night advanced I ex- 
 tinguished both fire and candle and kept myself perfectly 
 quiet. About twelve o'clock I heard my kangaroo dog bark 
 and growl, and knew he smelt a black. Presently I heard a 
 small voice softly call "Mittiss, mittiss, you let in black picka- 
 nini — mine pialla (I'll tell you) news." I took courage and 
 unfastened the door, which I had secured as well as I could, 
 by placing a stool and four pails of water against it. To my 
 great relief the boy (a little blackfellow who had occasionally 
 been employed about the place by my husband) was alone. 
 He had stolen away when the blackfellows had gone to sleep, 
 and had ventured his life to give me word that the blacks 
 were going to kill me in the morning, "when the sun jump 
 up" — for they are afraid to move, except in extreme cases, in 
 the dark for fear of evil spirits. But for this fear, they can 
 track in the dark, and no white person they desire to murder 
 would be safe within their reach. The boy said it was 
 "Gentleman Billy" I had struck, and it was he who was to kill 
 me. I gave the poor boy some thick milk to drink, of which 
 the blacks are fond, and we spent the night quietly crouching 
 together. It was a night of the horror and darkness of death; 
 and no one but such as have been in similar circumstances 
 can tell how the heart will warm and cling even to a faithful 
 kangaroo dog in such danger. 
 
 Just before day broke I let out the little black boy. Day- 
 light had a wonderful effect in cheering my spirit and scat- 
 tering the horror of the night. I knew the blacks so well 
 that I knew you must never appear afraid of them, so I re- 
 solved to face the danger before it came to me. I got the 
 double-barrelled gun (it was a little beauty Lawrence had 
 bought me shortly after our wedding), and, looking to the 
 caps, I set off for the blacks' camp. They were all up and 
 seated round their camp fire cross-legged like tailors. On 
 my approach they all held down their heads and began to 
 jabber. I said firmly, "Good morning." None took any 
 notice, but still talked. I said, "My men, cobbon mine been
 
 i82 AUSTRALIAN BUSHRANGING. 
 
 dream last night that blackfellow was going to kill me when 
 sun jump up. Now, then, which one black fellow?" No re- 
 sponse. I immediately levelled my gun at a tree near them 
 and fired one barrel. They saw where the bark flew ofi, and 
 all started to their feet. I again demanded which blackfellow 
 wanted to kill me, and bade him come on now, for I had an- 
 other barrel for him, and my gun never told a lie. I levelled 
 the barrel first at one, then at another, repeating my ques- 
 tion. They all fell back crying, "Not me, Mittiss, not me, 
 Mittiss. No blackfellow want to kill you — you murry good 
 woman!" So after a great many assurances, I was allowed 
 to go back to the hut, and was not disturbed by them that 
 day. 
 
 There were heroines in the AustraHan bush in the 
 early days of settlement, and this brave overseer's 
 wife was one of them. It was in this lonely place that 
 she for the second time, and her husband for the third, 
 came face to face with Scotchey and his mates. On 
 the evening of the day after her encounter with the 
 blacks, when she was seated at the fire with her hus- 
 band, who had returned from his cattle chase wet and 
 weary, a violent knocking was heard at the door of 
 the hut. "Who is there?" said the overseer. The 
 answer came in a rough voice "Police, with a warrant 
 to search your hut." The door was opened and three 
 men (Scotchey, Witton, and Russell) rushed in, pre- 
 sented their guns, and repeated the demand with a 
 threat which the inmates had heard before. As' 
 Scotchey turned to search the bedroom, the overseer 
 remarked to his wife, 'T hope these men will behave 
 as honourably to us as Scotchey did." "What was 
 that I heard you say about Scotchey?" said the rob- 
 ber: and seeing then who his victim was, he called his 
 mates to sit down before the fire, assuring the over- 
 seer and his wife that now they knew who they were 
 they VnOuW not take anything from them except their 
 firearms. To look for these Scotchey again essayed
 
 THE LAST OF THE CONVICTS. 183 
 
 to enter the bedroom ; "we can't leave arms behind," 
 he said, "they may be used against us some day." 
 But once more he was stayed by a woman's voice, and 
 once more yielded to a woman's prayer. The wife 
 told him how serviceable her gun had proved on the 
 previous day in intimidating the blacks, and Scotchey 
 yielded to her petition not to deprive her of so valu- 
 able a protector in her loneliness, at the same time 
 vowing vengeance against the blacks for daring to 
 molest a white woman. Politely requesting that a 
 damper might be made for them, they smoked and 
 chatted with each other and the overseer while the 
 bread was baking in the ashes, and having had sup- 
 per retired into the bush. 
 
 Next day the overseer quietly sent a message to 
 his nearest neighbour, an Irishman who had settled in 
 the locality, but some miles nearer the centre of civilis- 
 ation, to warn him that Scotchey and his gang were 
 about and would in all probability give him a call. 
 This settler had at one time been a convict constable, 
 and had earned the reputation of being a hard task- 
 master. He had only recently been married, and in- 
 dulged in loud boasting of the warm reception any 
 bushranger who ventured to visit his domicile would 
 receive. Nothing happened for a fortnight after the 
 overseer's warning, and O'Leary was congratulating 
 himself that he had been overlooked. But he was 
 not to be let ofT so lightly. In due course Scotchey 
 and his mates, who had evidently heard of the boasts 
 in which O'Leary had indulged, paid him a visit. 
 They came at night, rapped loudly at the bar door, 
 and asked him whether he was coming to fight them 
 or not. O'Leary made no reply, but went into an-
 
 i84 AUSTRALIAN BUSHRANGING. 
 
 other room and brought out his gun, cocking the 
 weapon as he crept towards the window. The bush- 
 rangers heard the "cHck," and immediately fired a 
 volley through the closed door. One of the bullets 
 passed through the door into the second room where 
 the young wife was standing, and struck her on the 
 thigh, wounding her very severely. The poor woman 
 screamed and fell, and O'Leary at once called out 
 that he would open the door as his wife was shot. The 
 door being opened and O'Leary disarmed, Scotchey 
 lifted the wounded woman and expressed his sorrow 
 that she should have been injured, assuring her that 
 hers was the first blood they had shed ; but they were 
 defermined to punish her husband for his cruelty in 
 the past to men who had betn placed under him. Be- 
 fore they left they loaded their pack-horse with tea, 
 sugar, tobacco, and flour, and scattered what they 
 could not take, telling the erstwhile boaster before 
 they departed that he might think himself fortunate 
 that they left him with a whole skin. The wounded 
 woman recovered, but was lame for a couple of years 
 after the wound had healed. 
 
 Meanwhile the troopers had begun to press 
 closely upon Scotchey and his mates; they disap-' 
 peared from the district, and were not heard of for 
 some time, turning up at last in the Goulburn and 
 Crookwell districts, where they committed seve- 
 ral robberies. While at work here they an- 
 nounced that there were two men in the dis- 
 trict upon whom they intended to work re- 
 venge, not for any injury done to themselves, 
 but for harsh treatment of their assigned servants. 
 Nearly every convict bushranger appears to have
 
 THE LAST OF THE CONVICTS. 185 
 
 voluntarily taken upon himself the task — a congenial 
 one, we may be sure — of hunting out reputed hard task- 
 masters with a view of, to use their own words, "pay- 
 ing him back in his own coin" ; and woe to the man, 
 wealthy or poor, a "pure merino" or an emancipist, 
 falling into their clutches, who had treated assigned 
 servants harshly, or who had been what they chose to 
 consider a severe master. 
 
 So Scotchey and Witton made no secret of their 
 intentions with regard to at least two prominent men 
 in the Crookwell district, one of them being Mr. 
 Oakes, who lived at Parramatta, but had a head station 
 on the Crookwell River; and the other a Mr. Fry, 
 overseer of a station owned by Dr. Gibson. During 
 their visit to the district Mr. Oakes chanced to arrive 
 at the station, bringing with him a confidential man as 
 overseer. Hearing of his arrival the bushrangers — 
 there were four at this time, a man named Reynolds 
 having joined the leaders with Russell — proceeded to 
 the station ; mistaking the overseer for the owner they 
 shot him dead without any ceremony, and then set 
 fire to the station, and pursued one of the stockmen 
 into the bush unsuccessfully. Mr. Oakes managed 
 to keep in hiding near the station until they had gone, 
 and thus preserved his life. 
 
 Dr. Gibson's station was visited next, the bush- 
 rangers hoping to find Fry at home. The cause of 
 their grievance against Fry was most probably his 
 previous treatment of two bushrangers on the Western 
 Road. The story ran that the coach travelling be- 
 tween Bathurst and Sydney had been "stuck-up" 
 when Fry was a passenger. The bushrangers de- 
 manded that he should give up his money, and Fry
 
 i86 AUSTRALIAN BUSHRANGING. 
 
 replied that all he had was in an opossum rug which 
 he had with him in the coach. "Then pitch it out," 
 was the command, and Fry stooped as if to obey, but 
 as he pulled out the rug he drew from it a revolver, 
 and by a sudden snap shot ended the career of one 
 robber, immediately afterwards rushing upon the 
 second, who was covering the coach-driver, and tak- 
 ing him prisoner. For this Scotchey now desired to 
 "pay him out." Suddenly appearing at the station 
 they found him standing at the door of his log hut. 
 They asked if he was Dr. Gibson's overseer, and he 
 assented. "Then," said Scotchey, "we are coming to 
 fry you in your own fat." But they had a smart man 
 to deal with. Turning sharp into the door Fry 
 secured it, and then commenced a regular siege. One 
 of the bushrangers stationed himself in the calf-pen, 
 another in the stable, and the other two in sheltered 
 positions ; they blazed away at the logs, and Fry re- 
 turned their fire through the loop-holes, with the as- 
 sistance of an old convict hut-keeper. A bullet struck 
 one of the slabs above his head, and the splinter 
 wounded him in the eye. From the sudden cry he 
 uttered the bushrangers imagined that the shot had 
 told, and Scotchey for the moment became less cau- 
 tious. Standing out from his cover he prepared to 
 fire again, when a bullet came whistling from Fry's 
 rifle and struck him on the eyebrow, carrying away 
 part of his skull. Falling mortally wounded, he called 
 upon Witton to put an end to his pain, and Witton, in 
 answer, put the muzzle of his pistol to Scotchey 's 
 head and pulled the trigger. Then the three others 
 made off, not wishing to share Scotchey's fate. 
 
 Shortly afterwards, however, the local sergeant
 
 THE LAST OF THE CONVICTS. 187 
 
 of police, with iive others, brought them to bay, and 
 took two prisoners, Russell shooting himself to avoid 
 capture. Reynolds hanged himself in prison, and 
 only Witton suffered the penalty of the law. 
 
 About this time there were several other small 
 gangs at work in the Murray district. Some of them 
 were vile scoundrels. As a rule the bushrangers, 
 even the most bloodthirsty, carefully abstained from 
 molesting females ; but some of those at large at this 
 period were of the stamp of Jeffries the monster. Once 
 two of these wretches paid a visit to the house of a 
 Scotchman who had been boasting of what he would 
 do to them if they came near him. They had heard of 
 his boasts and sought to punish him, but when they 
 called at his hut he was absent. His wife was present, 
 however, busily engaged at the washtub, and to punish 
 the husband they carried her away with them to their 
 hiding place in the bush. When the husband returned 
 his nearest neighbour volunteered to go out with him 
 and rescue the unfortunate woman, but the aforetime 
 boaster was afraid. The woman was allowed to re- 
 turn to her home on the day following, and Sandy was 
 no doubt pleased to get her back, although his courage 
 was not capable of being screwed to the sticking-point 
 of fighting for her. He lived in constant dread of the 
 bushrangers after that until he heard that they had 
 been taken, tried and hanged. 
 
 Another story is told of another gang of "woman- 
 lifters," as they were called, but I cannot vouch for its 
 truthfulness. This gang was in the habit of carrying 
 ofif women and keeping them in the woods for a week 
 at a time, and then conducting them to within easy 
 distance of their homes. The story runs that there
 
 i88 AUSTRALIAN BUSHRANGING. 
 
 was a man to whom word was brought that the 
 "woman-lifters" were coming. He was in bed at the 
 time, and hurriedly rising he said to his wife, "Now, 
 
 S , I'll kill you myself before they shall take you — 
 
 be quiet or die." He then ripped up the bed-tick and 
 put her into it, leaving her a place through which to 
 breathe, and then threw down the bedclothes, and pre- 
 pared to receive the bushrangers, who came shortly 
 afterwards. He offered them no resistance, and they 
 did not attempt to do him any injury, and when, in 
 answer to their enquiries, he said that his wife had 
 gone to a neighbour's at some distance to spend the 
 night they believed him, especially as they saw that 
 the bed had no visible occupant. They compelled the 
 man to make them a pot of tea, and stayed some time 
 smoking and chatting at the fire, after which they left. 
 The reader may imagine the feelings of the unfortun- 
 ate woman as she heard from her hiding place the 
 other than kindly enquiries which were being made 
 concerning her by the leader of the gang. But I am 
 inclined to think the story is one of the many which 
 found currency in the bush in later days, and which 
 were fiction pure and simple. 
 
 WILLIAMS AND FLANAGAN. 
 Williams and Flanagan were old Van Demonian 
 convicts. They were drawn to Port Phillip, or Vic- 
 toria, as it was then being called in official circles, by 
 the gold discovery, but, being averse to dig themselves 
 and no doubt ashamed to beg, they sought to make an 
 easy living by taking what others had earned. Their 
 impudence and daring were conspicuously exemplified 
 by a series of highway robberies on the St. Kilda Road.
 
 THE LAST OF THE CONVICTS. 
 
 189 
 
 On a Saturday afternoon, the i6th October, 1852, 
 in the clear light of a bright summer day, these two 
 bushrangers kept possession of this important 
 thoroughfare for about two hours and a half, sticking 
 up every passenger who appeared. About thirty vic- 
 tims were secured, and robbed of everything of value. 
 
 The modus operandi was described by Mr. Wil- 
 liam Keel and Mr. Wm. Robinson, two of the gentle- 
 men robbed. As they were driving along the road 
 from Melbourne towards Brighton, where they re- 
 sided, they observed two men some distance in front, 
 carrying guns and occasionally looking up into the 
 
 
 HEAD OF WILLIAMS, FROM A PLASTER CAST. 
 
 trees on the roadside, as if in search of birds. As 
 Messrs. Keel and Robinson came up, however, they 
 walked into the middle of the road and presented their 
 muskets, calling out, "Keep still, or we will blow your 
 brains out." This was supposed to be a joke, so little 
 was such a rencontre anticipated in such a locality ; 
 but it was soon found to be serious earnest. The 
 gentlemen were unarmed, and could not resist ; they 
 were at once compelled to drive off the road into the 
 bush, where they could not be seen by passers by. Here 
 they were required to hand over their money, which 
 they did to the amount of £23 and £46 respectively.
 
 igo AUSTRALIAN BUSHRANGING. 
 
 They were then taken into a piece of scrub, tied to- 
 gether, hand to hand, with part of a hempen halter cut 
 for the purpose, and ordered to sit down. They found 
 themselves in the company of a number of other un- 
 fortunates, watched over by two armed confederates, 
 who were ready to fire on the prisoners, should they 
 make the slightest movement. 
 
 "Keep them close together," said one of the des- 
 peradoes, "so that, when you fire, if you miss one, 
 you'll hit another." 
 
 The men who had robbed Messrs. Keel and 
 Robinson then went back to the road, but made fre- 
 quent returns to the scrub with new victims. Among 
 these were Mr. and Mrs. Bawtree, Mr. Larman. Mr. 
 Striker, and other well-known and wealthy colonists. 
 A gentleman of the name of Moody was the only pas- 
 senger that escaped the bushrangers while they held 
 control of the thoroughfare. The two robbers were 
 at some distance from Mr. Moody, when they called 
 on him to stop, but instead of doing so he clapped 
 spurs to his horse and galloped ofT. Two shots were 
 ineffectually fired after him. Mr. and Mrs. Bawtree 
 were subjected to the rudest treatment, the villains, 
 although remonstrated with, continuing to use the 
 most abominable language, undeterred by the pre- 
 sence of the lady, whose pockets they insisted on 
 searching. They were doubtless a little aggravated on 
 finding that Mr. Bawtree carried no money with him. 
 
 Soon after Mr. Moody's escape the four bush- 
 rangers, probably fearing that he might raise a "hue 
 and cry," mounted their horses, which were in the 
 scrub ; and their victims soon after left the scene of 
 their imprisonment. Before information reached the
 
 THE LAST OF THE CONVICTS. 191 
 
 authorities, the robbers had made good their retreat. 
 The Melbourne detectives were, however, well up to 
 their work, and succeeded where the ordinary troopers 
 failed. We may let one of them tell his own tale : — 
 
 As the bushrangers had made no attempt to disguise 
 their appearance we got a full description of their personnel, 
 which I could identify as that of some well known old hands, 
 distinguished by all the audacity necessary for such an ex- 
 ploit. We learned a day or two after the St. Kilda Road 
 aflfair that four bushrangers, who had been practising their 
 profession at Bacchus Marsh, had been seen in that locality 
 by a trooper, and their description corresponded with that 
 of the heroes of the i6th October. A little later we got in- 
 formation of four diggers, on their way from Bendigo to 
 Melbourne, being robbed at Aitken's Gap by what seemed to 
 be the same band of bushrangers. One of them was relieved 
 of four nuggets and £23, and another, named Whelan, was, 
 among other things, deprived of a pistol which he carried. 
 
 As they had enjoyed a successsful campaign, we began to 
 anticipate the early appearance of the robbers in Melbourne, 
 where they might, through their ill-gotten gain, enjoy for a 
 time the sweets of dissipation, or, more probably, attempt to 
 ship for some other locality, as their victims in Victoria were 
 too numerous to render their continued residence in this 
 colony prudent or advisable. The usual precautions, which 
 I have already described, in connection with other cases, 
 were taken to secure the arrest of the men by watching the 
 approaches to the city. In town, I and others did not de- 
 spair of finding them, perhaps on our ground, and as an- 
 ticipated, two of the men dropped into our hands as a party 
 of us were, according to our wont at that lawless period, 
 patrolling the streets at night. A little after midnight, while 
 we were in Flinders lane, we observed two horsemen ap- 
 proaching — a suspicious circumstance at such an hour in 
 that locality — we resolved to accost them, and got them to 
 stop by asking a question on some irrelevant and unimport- 
 ant subject, when we got up close to them. Their appear- 
 ance, if not incompatible with innocent pursuits, was such as 
 usually distinguishes the criminal; I could recognise the one 
 I stood beside as an old convict; their answers to our ques- 
 tions were suspiciously evasive — they were evidently im- 
 patient of delay. In short, we felt assured that they would 
 not suffer much from being overhauled at the watchhouse, 
 and accordingly at an understood signal, acting simultane- 
 ously, we hurled them from their saddles, and, in an instant, 
 they were handcuffed and secured.
 
 192 AUSTRALIAN BUSHRANGING. 
 
 When taken to the watchhouse. their effects made rather 
 a respectable appearance. One of them, Thomas Williams, 
 had £55 in sovereigns and notes, a nugget, a bundle of 
 clothes and a pair of fowls, with which the unlucky rascals 
 had probablj' anticipated making a comfortable supper, but 
 they were destined to feed a more honest man. for the de- 
 tective who searched Williams afterwards under cross-ex- 
 amination, amid the laughter of the court, said he had con- 
 sumed the poultry, and that "they were very good." On the 
 other man, John Flanagan, we found £47 los. Each had a 
 pair of heavily loaded pistols, which convinced us that the 
 precautions we used in securing our prisoners were not un- 
 necessary. One of the pistols was identified by Whelan as 
 his property. 
 
 Both men were sworn to as being two of the four St. 
 Kilda Road robbers by several of the gentlemen who had 
 fallen victims to their audacity. They were likewise identi- 
 fied as the men who had robbed Aitken's Gap. They were 
 found guilty, and each received three cumulative sentences, 
 which, in all, amounted to thirty years' hard labour on the 
 roads, a considerable portion of the time in irons. Both 
 were old convicts who had been sent to Van Diemen's Land 
 from England during the transportation era. Even in dur- 
 ance, the "wicked" Williams would not "cease from troub- 
 ling." but took a prominent part in the murder of Mr. Price, 
 for which he was executed, and it is to be hoped that he is 
 "now at peace." 
 
 Of the fate of their companions in the St. Kilda Road 
 bushranging. T remember nothing: but. probably, thev were 
 soon brought "before their betters" for some other crime. 
 
 THE BLACKSMITH BUSHRANGER. 
 William Day was an old convict, sent to Van 
 Diemen's Land from the old country imder a heavy 
 sentence. Having: .gained his liberty he made his way 
 to New South Wales, and joined a motley crowd on 
 the "rush" to the Turon goldfields. He settled at 
 Sofala, where between blacksmithing and fossickinie: 
 he managed to live in comparative comfort, it beinjSf 
 generally understood in the locality that he had 
 amassed quite a little fortune. But the old instinct 
 was still apparently strong within him ; he joined a 
 man named Wilson, alias Doyle, with whom he shared
 
 THE LAST OF THE CONVICTS. 193 
 
 an unenviable reputation on the diggings — it being 
 currently believed that one or both of them had been 
 concerned in the murder of Trooper Codrington on 
 the Bathurst-Turon road some time before — and the 
 pair set out on a journey across the mountains. 
 
 In the mail coach on its journey from Bathurst to 
 Sydney in June, 1859, there were only two passengers, 
 one of them no less a personage than the Hon. L. H. 
 Bayley, Attorney-General for the colony, who was re- 
 turning to Sydney from Circuit work in the west ; but 
 the mail bags contained nearly £ 5000 in bills, cheques, 
 notes and cash, sent from the country banks to head 
 quarters, or from country business men to Sydney 
 merchants. 
 
 The mail was slowly ascending one of the long 
 hills nearing Mount Victoria, on the Blue Mountains, 
 the two passengers walking some distance in advance, 
 as was the custom, v/hen suddenly the driver, William 
 Andill, who was at the horses' heads, was startled by 
 the appearance of Day with a gun and a peremptory 
 order to stop. The unarmed driver could but obey, 
 for the hill was too steep to permit of escape. The 
 next order was "Chuck out the mail bags." "I must 
 not do that," said Andill, "if you want them you must 
 take them yourself." All this time the bushranger, 
 who had a piece of blanket or bag over his head, with 
 a hole cut in it to see through, kept his double-barrelled 
 gun presented. Three times he repeated the order, 
 and was disobeyed : at last he said, "I have asked you 
 three times : I don't want to shoot or murder you ; but, 
 by God, if you don't give me the bags I will." Andill 
 then got upon the box and threw the bags out, the gun 
 being pointed at his head the whole time. When all
 
 194 
 
 AUSTRALIAN BUSHRANGING. 
 
 the bags were on the road in a heap, Day, still keeping 
 his gun at the "ready" and with a large horse-pistol 
 sticking out prominently from his belt, ordered the 
 driver to proceed. Without waiting for a second 
 bidding he did so, and reaching his two passengers, 
 pulled up and informed them excitedly that he had 
 
 HON. L. H. BAYLEY. 
 
 been robbed. "Yes," answered the Attorney-General, 
 "we saw it all." The bushranger, who still kept his 
 gun levelled in their direction, then threatened that if 
 they did not move on at once he would shoot them ; 
 they hurriedly clinil)ed into their seats, tlie driver
 
 THE LAST OF THE CONVICTS. 195 
 
 gathered up the reins, and pushed his well-rested steeds 
 forward on the hilly road. 
 
 At the time of the "sticking-up" there was a road- 
 party working on the mountain road, a few hundred 
 yards distant, but they did not take any notice of what 
 was going on ; about a mile further on the road was a 
 company of about a hundred Chinamen, travelling 
 from Sydney to the Turon diggings. But the bush- 
 ranger had done his work before they arrived on the 
 scene ; and it is not likely that they would have inter- 
 fered had they arrived in time, seeing that they were 
 all "new chums," and altogether ignorant of English. 
 The Chinese in those days were frequently to be met 
 with travelling in hordes ; they trotted along the road 
 in single file, with huge mushroom hats, baggy 
 trousers and sandals of every conceivable pattern, 
 balancing their basket-poles on their shoulders and 
 jabbering cheerfully to each other as they jogged. 
 
 Passing this crowd of gold-hunters, the driver 
 tooled his team to the toll-bar on the road, about a mile 
 distant, where information of the robbery was given to 
 the keeper, Mr. Shepherd, and then the coach pro- 
 ceeded on its way to Hartley, where there w^as a police 
 station. Several mounted troopers happened to be at 
 Hartley at the time, and Andill conducted them to the 
 spot where the robbery had taken place ; but the bush- 
 ranger had disappeared and left no tracks. 
 
 As soon as he had seen the coach well on its way, 
 Day lowered his gun, gathered up the mail-bags (it 
 was a heavy load, but he was a remarkably strong 
 man), and plunged into the bush, making for the re- 
 treat which he and Wilson had arranged upon. After 
 leaving the road he was joined by Wilson and the load
 
 196 AUSTRALIAN BUSHRANGING. 
 
 was divided, the two men pushing on as fast as possible 
 across a very deep gully, using a primitive sapling 
 bridge to reach the opposite side, and destroying the 
 bridge after crossing in order to throw their pursuers 
 off the scent. They then penetrated a thick scrub and 
 there cut open the bags and bundled the contents into 
 a heap for sorting, subsequently selecting all the letters 
 containing anything of value and putting them into 
 one bag. 
 
 Having thus lightened the load they penetrated 
 further into the mountains, tree-marking as they went 
 for the purpose of making the road to the "plant" more 
 easy to find. Reaching a favourable spot, where the 
 scrub was very dense, they proceeded to examine their 
 booty further, and at once picked out all the red-taped 
 registered letters and placed them apart. After they 
 had "gone through" the bag, and counted the cheques, 
 notes, watches, jewellery and other valuables, they 
 supplied themselves with some silver and a number of 
 the notes, replaced the rest in the bag, and "planted" 
 it carefully in a large hollow log. The letters which 
 had contained money they burned, together with the 
 cheques and other papers which were not negotiable ; 
 and having also concealed their firearms and obliter-, 
 ated their tracks, crossed the bush for Bell's line of 
 road, which they followed past Bowenfels to the 
 Mudgee-road, intending to put up for the night at 
 Walton's public house. 
 
 Day had previously stayed at this house, and was 
 on good terms with Walton ; he was, therefore, some- 
 what disappointed on entering to find that Walton had 
 sold out to a retired sergeant of police, named Mc- 
 Gregor, who had been stationed at Hartley. When
 
 THE LAST OF THE CONVICTS. i97 
 
 they entered the landlord and some of his customers 
 were talking about the mail robbery, news of which 
 had reached them during the day — for the place was 
 only about 12 or 14 miles from Hartley, and the rob- 
 bery had been committed at about 8 o'clock in the 
 morning. Turning to Day, the landlord asked him if 
 he had come up the road. "Yes," said Day. "Did 
 you hear aught about the coach being stuck up?" 
 added McGregor. "Yes," replied Day, "but a man 
 was taken up at Hartley for speaking of it, and I don't 
 wish to talk about it as I might be taken up myself." 
 This set the landlord's wits to work ; he soon became 
 suspicious of his customers, and when he showed them 
 to the bedroom which they were jointly to occupy, he 
 quietly locked the door and sent his servant post haste 
 to Hartley for the police. 
 
 At an early hour next morning Chief-Constable 
 Armstrong and Trooper Moran arrived at the house, 
 and McGregor told them his suspicions. At once 
 proceeding to the room they found Day and Wilson in 
 the act of dressing, and straightway began to question 
 them. A bundle of notes was found on Day, as well 
 as a pistol capped and loaded, and a knife ; between the 
 bed and mattress there was a letter. Wilson had about 
 seven pounds in money on him. They were at once 
 arrested and taken to Hartley, and their boots, when 
 compared with the tracks, were found to correspond 
 exactly. 
 
 The letter which had been discovered in the bed 
 was an ordinary business letter, preserved by Wilson 
 from the heap that was burned. Day subsequently 
 declared that Wilson had kept it for the purpose of be- 
 trayal after they had returned to the diggings, intend-
 
 198 AUSTRALIAN BUSHRANGING. 
 
 ing to place it in Day's hut and inform the police that 
 he believed him to have committed the mail robbery, 
 when they would of course search the place, find the 
 letter, and arrest him ; and when he was Out of the way 
 Wilson would return to the mountains, "spring the 
 plant," and disappear with the treasure. That Wilson 
 (who had fallen out with Day on the very morning of 
 the robbery, which accounted for his absence when the 
 mailman was stopped) intended treachery was abund- 
 antly proved before many hours had elapsed. 
 
 At Hartley the two men were locked up in the 
 cells, and there kept until the arrival of Captain Battye, 
 Superintendent of the Western Patrol, who was on 
 his way to Hartley when he heard of the capture of the 
 robbers. Battye, who was a skilled thief catcher, at 
 once enquired if any of the stolen property had been 
 discovered in the bush, and receiving an answer in the 
 negative he determined to keep the prisoners in the 
 locality while search was being made, knowing that it 
 would be a difificult matter to gain a conviction unless 
 some of the property that could be identified were pro- 
 duced. Having interviewed the prisoners he deter- 
 mined upon making an experiment with Wilson, who 
 had given signs that he would not be averse to turning 
 Queen's evidence, provided such turning would secure 
 him immunity from punishment. He accordingly 
 took Wilson out of the cell in the afternoon of the 
 second day, and having supplied him with a horse 
 started with him into the bush, ostensibly to search for 
 the hidden treasure. But Wilson was not quite pre- 
 pared for the "splitting" process, and night came on 
 while they were still in the bush, having discovered 
 nothing.
 
 THE LAST OF THE CONVICTS. 
 
 199 
 
 Captain Battye then told Wilson that he intended 
 to camp out in the bush until the missing bags were 
 found, and the man, who evidently had no desire to lie 
 sub jove frigido in that inclement season of the year — 
 he was lightly clad and the party had no blankets with 
 them — at once raised an objection. "It can't be 
 
 CAPTAIN BATTVE. 
 
 helped," replied the gallant captain, "here we are and 
 here we'll stay until I find those bags ; and I mean to 
 chain you to a tree when we camp for the night." Then 
 turning to one of the troopers who accompanied him 
 he enquired if he had the chain readv. Agreeable to
 
 200 AUSTRALIAN BUSHRANGING. 
 
 previous arrangement, the chain was produced, and 
 Wilson came to the conclusion that the threat was not 
 an empty one. The party continued their ride for a 
 few miles further into the bush, and then the crestfallen 
 prisoner gave in. He confessed to his complicity in 
 the robbery, and revealed the position of the concealed 
 booty, but explained that it would be impossible for 
 them to reach the spot on horseback, or even to get 
 near it. 
 
 Rejoicing at the success of his ruse. Captain 
 Battye then decided to return to Hartley for the night, 
 intending to form a foot party to search the locality 
 pointed out by Wilson. The start was made early 
 next morning, the search party consisting of Captain 
 Battye, the Police Magistrate (Mr.Thomas Brown), the 
 Chief Constable (Armstrong), Sergeant Middleton, 
 Trooper Bagnall, and the prisoner Wilson ; three black 
 trackers also being with them. The party rode as far 
 as the top of Mount Victoria and then sent their horses 
 back to Hartley, going into the bush on foot, with 
 Wilson as their guide. 
 
 The search occupied the whole day, the distance 
 covered being over thirty miles, in the rough country 
 where the Grose has its headwaters ; but nearly every- 
 thing was recovered, and the party returned to Hartley 
 after nightfall, almost worn out, but elated with their 
 success. 
 
 Two days afterwards Day was brought up before 
 the Hartley Bench, and Wilson was the chief witness 
 against him. The informer told the whole story, stat- 
 ing among other things that he and Day had lain in 
 wait for the mail for eight consecutive days, and that
 
 THE LAST OF THE CONVICTS. 201 
 
 on the day before the robbery they had arranged to 
 "stick up" the gold escort as it passed the same spot, 
 and in fact had the mail covered with their guns when 
 they saw mounted troopers behind it, and fear pre- 
 vented further action. Day declined to ask any ques- 
 tions, and was then fully committed to take his trial at 
 the Assize Court at Bathurst to be held in the follow- 
 ing month. 
 
 Up to this time Wilson had not been formally pro- 
 ceeded against for his part in the robbery ; but in order 
 that he might be legally kept in custody until Day's 
 trial, while yet not committed, he was from time to 
 time brought before the bench of magistrates and re- 
 manded. He was remanded once too often. He was 
 kept at the lock-up, and allowed to take exercise in 
 the yard. One day he took advantage of this, climbed 
 the paling fence surrounding the lock-up, and disap- 
 peared. It was nearly dusk at the time, and, although 
 mounted troopers were out very shortly after the alarm 
 was raised, scouring town and country, search was 
 fruitless, and Wilson was never re-captured. 
 
 Day was convicted and sentenced to seven years' 
 hard labour, serving his sentence on Cockatoo Island. 
 On the whole he was a ''good conduct" prisoner while 
 there, and received such indulgences as his orderliness 
 among a disorderly crew merited. But if he had not 
 taken life before, he took a life on the island. He had 
 been appointed overseer of one of the prison working 
 gangs, and enjoyed immunity from slavish work. His 
 previous knowledge of prison discipline stood him in 
 good stead, and he was able to shape his conduct with 
 a constant eye to indulgences ; but on one occasion he 
 took part in an afTair which might have cost him his
 
 202 AUSTRALIAN BUSHRANGING. 
 
 position, if not his life. A group of the con- 
 victs were spending a portion of their "air- 
 ing" time in "yarns" about the native blacks 
 and their weapons, their skill in throwing the 
 spear being chiefly dwelt upon. Day was present and 
 boastfully said he could throw a spear as well as any 
 blackfellow, as he had learnt the art when at the blacks' 
 camp in the bush. One of the convicts named James 
 Heald questioned his ability, when Day dared him to 
 stand at a certain distance before him while he threw 
 a long strip of Kauri pine, much like a spear, and about 
 II feet in length and an inch in thickness. Heald did 
 stand and Day threw the piece of wood, there being a 
 space of about 60 feet between the two men. The mis- 
 sile, propelled with great force and precision, struck 
 Heald in the face just below the eye and inflicted a 
 terrible wound. The convicts managed to hide the 
 occurrence from the authorities until Heald's death 
 made it impossible. An inquest was then held, but as it 
 was sworn that all that Day did was done in "sport," 
 and that Heald contributed to his own death by en- 
 gaging in that "sport," very little was made of the 
 matter. Heald's removal from the prison yard and 
 cells made one convict less — ^that was all. 
 
 Before the full term of his sentence had expired 
 Day was released, and shortly afterwards he returned 
 to the old locality near Sofala and resumed his dual 
 calling — that of blacksmith and digger — which he fol- 
 lowed until old age and infirmity had robbed him of 
 his vigour. For many years he lived in comparative 
 solitude. He died in 1898, in Bathurst Hos- 
 pital, having sought admission there when he realised 
 that he was sick unto death.
 
 CHAPTER VI. 
 
 GARDINER AND PIESLEY. 
 
 FRANK GARDINER, "THE KING OF THE ROAD." 
 
 The mere mention of the name of Frank Gar- 
 diner in any part of the Western or Southern districts 
 of New South Wales is sufficient to set any of the 
 residents in those districts of 30 years' standing talk- 
 ing of the "old bushranging days." For Christie, 
 alias Clarke, alias Gardiner, has been ever looked upon 
 as the "father" of that bushranging which was fol- 
 lowed by so many young men during the decade com- 
 mencing in i860. 
 
 There was a great difference between the men 
 who "took to the bush" during the old convict days 
 and those who made bushranging a profession after 
 the country had been fairly opened up and settled ; 
 there was a great difference, too, between their meth- 
 ods. The former, as I have already pointed out, were 
 mostly escaped convicts ; some had been brutalised by 
 the harshness of the system — others, knowing that a 
 price was set upon their heads, were prepared to go to 
 any length in preserving their freedom. But the 
 men of the sixties were, as a rule, native- 
 N 203
 
 204 AUSTRALIAN BUSHRANGING. 
 
 born Australians, spoilt by a life of laziness, 
 and enamoured of the romance which attached to 
 bushranging. Love of excitement more than desire 
 of pillage led them to take up the "profession,'] and in at 
 least three cases the career had its origin in a mid- 
 night "lark." 
 
 Frank Gardiner — to use the name by which he 
 was commonly known in the bush — was born at Boro 
 Creek, near Goulburn, in 1830, and when quite a 
 young man crossed the border into Victoria, where 
 he was soon notorious. In June, 1850, Mr. Lockhart 
 Morton, who had recently taken possession of Salis- 
 bury Plains Station, on the Loddon, suddenly dis- 
 covered that all the horses on his station, with the ex- 
 ception of four which were in a secure paddock, had 
 mysteriously disappeared. He was a man of pluck 
 and energy, and after making a supply of cartridges 
 for his guns and writing to the chief constable in Mel- 
 bourne, asking him to send intelligence of the robbery 
 to Geelong, Portland, and Adelaide, daylight on the 
 Wednesday morning (the horses had been removed 
 on the previous Sunday) saw him in the saddle fully 
 equipped and determined to run down the robbers. 
 
 The only reliable man he could take with him was- 
 Will Mercer, the cook at the station, who was an ex- 
 perienced bushman and expert tracker, like his mas- 
 ter ; but an old man named Williams, who had reached 
 his seventieth year, volunteered to make one of the 
 party, as a horse belonging to him was in the stolen 
 mob ; and although he could not be expected to do 
 more than follow and keep the two men in view, he 
 was allowed to start with them. Getting on the 
 tracks they ran them past Korong towards Charlton,
 
 GARDINER AND PIESLEY. 205 
 
 and south through the bush to the Wimmera River ; 
 thence to Lexington, where they took the road and kept 
 it past Chirnside's cattle station at Mount William, and 
 Dr. Martin's Mount Sturgeon station, to an hotel at 
 the Mount. There they learned from the publican 
 that at races held two days previously the robbers had 
 run horses against those entered by the police. From 
 him also Mr. Morton obtained a letter which one of 
 the gang had left behind to be posted. With this they 
 went off full gallop to Hamilton, where the clerk of 
 the bench opened the letter. It was addressed to Mr. 
 Crouch, the postmaster at Portland, who also was an 
 auctioneer, and ran as follows : — 
 
 Sir, — I have no doubt you will be surprised to receive a 
 letter from a stranger, but as it is on business I presume it 
 does not matter. I have sent my representative, Mr. William 
 Troy, to Portland with thirty-three head of horses, which I 
 consider a fair sample for any market. I wish you to dis- 
 pose of the same by the hammer to the highest bidder. I 
 have authorised Mr. William Troy to receive the proceeds, 
 and his receipt will be sufficient. Be good enough to let him 
 have only such money as is current in Portland. Should the 
 price realised please me I will send over another draft in the 
 course of a month. 
 
 I remain, sir, yours obediently, 
 
 WILLIAM TAYLOR. 
 
 Lake Mingo, Murray River. 
 
 From Hamilton they followed the tracks towards 
 Portland, and at last heard that there were men with 
 horses at Bilston's Hotel, on the Fitzroy. There the 
 robbers were found and secured — Gardiner, Newton, 
 and the overseer, William Troy. The latter was 
 handcuffed before he v/as quite awake, and was very 
 contemptuous of his captors. "Oh, you have done a 
 heavy trick," he said ; "you have come here with guns
 
 2o6 AUSTRALIAN BUSHRANGING. 
 
 and pistols and swords, and one man with a big whip 
 around his shoulders, to take three men unarmed, 
 asleep in bed. Oh, you have done a heavy trick!" 
 Old Mercer called him a scoundrel for stealing a poor 
 man's horse. "Had you a horse among the lot, old 
 fellow?" said Stuart; "if I had known that I would 
 have cut him out for you ; but I was not coming up 
 to your kitchen to tell you we were going to take the 
 horses." 
 
 On the following day the three horse-stealers were 
 fully committed to stand their trial. 
 
 The court was to sit at Geelong in October, but 
 about a week before the time fixed William Troy man- 
 aged to escape from custody. 
 
 The other two were tried, convicted, and sen- 
 tenced to five years imprisonment with hard labour in 
 Pentridge Gaol. Gardiner, however, shortened his 
 term to five weeks. The superintendent employed a 
 number of black troopers as guards in the open, where 
 the prisoners worked, and Gardiner suddenly one day 
 attacked his guard, wrenching the carbine out of his 
 hand, and fired as he fled : whereupon the whole ,g:.ng 
 of eleven prisoners got clear away. 
 
 Shortly afterwards Gardiner was seen on the 
 Bendigo goldfields ; but finding himself observed he 
 suddenly disappeared across the Murray into New 
 South Wales, and made his way back to Goulburn, 
 where he remained at large for three years. He at 
 last resumed his old practice of horse-stealing, and in 
 1854 was arrested, brought before the Goulburn court, 
 and convicted on two separate charges, receiving a 
 sentence of seven years' hard labour on the roads or
 
 GARDINER AND PIESLEY. 207 
 
 Other public works of the colony for each ofifence. He 
 was forthwith sent to Cockatoo Island.* 
 
 Here he behaved well (but for one attempt to 
 escape), and after serving about half his sentence was 
 released on a ticket-of-leavef for the Carcoar district. 
 Shortly after his arrival at Carcoar he reported himself 
 at the police station, and at the same time enquired if 
 a settler named Fogg resided in the district. "No," 
 was the reply of the Police Magistrate, "he lives on 
 the Abercrombie, and if you go over there it will be 
 the duty of the police to arrest you for being out of 
 your district." In spite of this he seems to have visited 
 Fogg, but was left unpunished until certain horses and 
 cattle mysteriously disappeared; then, search being 
 made for him, he disappeared also. It turned out 
 afterwards that Fogg and he had gone ofif to Lambing 
 Flat gold-diggings, and were engaged in a butchering 
 business at Spring Creek. There a petty quarrel 
 brought him again under the notice of the police, and 
 only the lack of quick communication between Car- 
 coar and Lambing Flat saved him from renewed im- 
 prisonment. 
 
 When next he was heard of in the Lambing Flat 
 district he had developed into a veritable Knight of the 
 Road, a terror to every settler, and the boldest and 
 greatest breaker of law that ever troubled the police. 
 
 • This prison was on a large island in the Parramatta River, about two miles 
 west of Sydney Cove. In those days it was used as a penal establishment for the 
 worst kind of male offenders, and was capable of accommodating nearly 200 
 prisoners. The prisoners' quarters were situated in an enclrsure on the summit 
 of the island, the governor's house being built on the east side. On the east 
 end of the island was the Government slip and dry dock, called the Fitzroy 
 Dock, at which her Majesty's ships of war on the station were cleaned and 
 repaired. These stupendous works, constructed in the solid rock, were built 
 almost exclusively by prison labour, and convicts incarcerated on the isl.Tnd were 
 subjected to the most rigorous treatment, escape being almost impossible. 
 
 t The holder of a ticket-of-leave could only reside in the district named in 
 his ticket.
 
 208 AUSTRALIAN BUSHRANGING. 
 
 Fogg had also disappeared and gone back to his farm 
 on the Fish River, near the Abercrombie, and soon 
 after road robberies became frequent, which were at 
 last attributed to Gardiner: whereupon the police be- 
 gan to "shadow" Fogg, in hopes of catching the 
 greater criminal. 
 
 Early in the month of July, 1861, Sergeant Mid- 
 dleton and Trooper Hosie, who were stationed at 
 Tuena, the nearest police station to Fogg's, left Bigga 
 early one morning, information having been received 
 by them that Gardiner had been seen in that locality. 
 Reaching the Fish River they proceeded as quietly as 
 the rattling of their accoutrements and their heavy- 
 shod horses would allow, and arrived at the "slip- 
 panel" which gave ingress and egress to the Fogg 
 domain. The point of entrance was in front of the 
 house, and as soon as the horses had got through 
 Middleton rode forward at a canter, Hosie following 
 at a smarter pace as soon as he had put up the rails — 
 the object in again closing the entrance being no 
 doubt to hinder the escape of the man for whom they 
 were looking if he happened to be within the enclosure. 
 As Middleton reached the door Mrs. Fogg appeared, 
 and ran back indoors in alarm. The sergeant jumped 
 off his horse, and made after her, when suddenly Fogg 
 and his wife, with the children, ran past him into the 
 open. This act alone was suflficient to convince the 
 police that they had arrived at an opportune moment. 
 
 Middleton could see that the one front room was 
 empty, but that there was another doorway at the back, 
 which was covered with a calico screen. As he 
 stepped inside he saw this screen move, and, going up 
 to it, heard a loud call from the inner room "If you
 
 GARDINER AND PIESLEY. 209 
 
 enter I'll shoot you." Making no reply, the sergeant 
 suddenly lifted the screen with his left hand, having a 
 pistol in his right ready for use. No sooner had he 
 done so, however, than a shot was fired from within 
 the room ; and Middleton, unharmed, at once dropped 
 the screen and drew back a couple of paces. 
 
 But he had seen a man within the room, and knew 
 the exact position in which he stood ; he raised the 
 screen a second time and fired as he raised it. Simul- 
 taneously, however, the man fired also, and the bullet 
 from his pistol struck Middleton fair in the mouth, 
 and passed into the lower jaw. Once more the ser- 
 geant dropped the screen and fell back, expecting his 
 assailant to rush out; but there was no movement 
 from within and Middleton determined to have an- 
 other shot. But his pistol was empty, and when he 
 proceeded to re-load he found that he had also been 
 shot in the left hand, the bullet passing through the 
 back of his hand into the wrist. He went to the front 
 door where Hosie was standing and told him to go 
 round to the back of the house, and see if he could 
 enter the hut from that direction. Hosie did so, and 
 reported that there was no entrance from the back. 
 "Then," said Middleton, "come and take your chance 
 here with me." But the chance proved a poor one, 
 for as he rushed for the inner room calling upon the 
 man to surrender, at the same time firing into the 
 room, two sudden answering shots came back in reply 
 and Hosie fell wounded and stunned to the floor. 
 
 The man inside was thus far master of the situation, 
 and if he had kept inside he would probably have come 
 off victorious. But seeing Hosie fall as though killed. 
 and knowing that Middleton was badly wounded, he
 
 210 AUSTRALIAN BUSHRANGING. 
 
 determined to make a rush for liberty, without waiting 
 to re-load. Seizing his pistol by the muzzle, he ran 
 out towards Middleton and attempted to strike him 
 with the butt-end. The sergeant parried the blows 
 with a heavy-handled whip, and managed to deal his 
 assailant some severe ones in return ; in the nick of 
 time Hosie recovered, sprang up, and caught the man 
 from behind, while Middleton used the whip-handle 
 on his head. In the struggle they all three rolled out 
 of the house, and then Fogg ran up and interfered. 
 "Don't kill the man, Middleton," he cried, and then 
 "You'd better give in, Gardiner." At that the police 
 knew they had the man they wanted, and Hosie re- 
 doubled his exertions to secure him. The two fell, 
 locked in close embrace, Hosie being uppermost, and 
 Middleton again attempted to strike, but was pre- 
 vented by Fogg, who kept calling to Gardiner to give 
 in and prevent actual murder. Middleton then threw 
 his handcufifs to Hosie, who still managed to keep 
 uppermost, and after some trouble, Fogg still persuad- 
 ing him to "give in," Gardiner was secured. It was 
 then found that he had grown suddenly weak, and also 
 that he had been wounded in the firing, while his head 
 had been much cut about by the blows from the hunt- 
 ing whip. 
 
 Fogg and his wife assisted to get Gardiner into 
 the house, where Hosie kept guard over him, while 
 Middleton searched other portions of the premises, 
 under Fogg's guidance, to make sure that no more 
 bushrangers were about. If there had been, they 
 would have shown themselves long before, but the 
 police did not think of that. In the end Fogg was 
 asked to send to Bigga for assistance, but he replied
 
 FKAN'K GARDINEK.
 
 GARDINER AND PIESLEY. 213 
 
 that there was no one there who knew the way. "Then 
 lend me a horse for a man to ride," said the sergeant, 
 to which Fogg replied "I can't do that, for I have no 
 horse." There was nothing for Middleton to do but 
 start, wounded and weak from loss of blood as he was, 
 for Bigga, leaving his equally weak and wounded com- 
 panion to stand guard over the prisoner, who was also 
 weak and wounded, but still in the house of the man 
 who sympathised with him and who had previously as- 
 sociated with and harboured him. 
 
 So Middleton mounted his horse and faced for 
 Bigga, giving Hosie instructions to start with his 
 prisoner in the same direction as soon as he had re- 
 covered a little strength. The journey, which under 
 ordinary circumstances would have occupied about an 
 hour and a half, was not accomplished under five 
 hours. 
 
 When Middleton rode slowly away he left Gardi- 
 ner lying on the floor of the house, handcuffed and so 
 badly hurt that he believed him to be dying ; but if all 
 that was subsequently stated by the man in whose 
 charge he had been left be true, he was very far from 
 dying, although it would have been a good thing for 
 the colony if he had been actually dead. How the 
 escape was effected has never yet been made known 
 with sufficient clearness to satisfy the minds 
 of an "inquiring public." At the time and 
 for many years afterwards contradictory stories 
 were told, some of them not at all to the credit 
 of the officers concerned ; but the version that was 
 ofificially put forth to the world as the correct one was 
 that it was a case of rescue by other bushrangers with 
 whom Gardiner had been associated, and who formed
 
 214 AUSTRALIAN BUSHRANGING. 
 
 part of the gang of which he was chief. Hosie's story, 
 given in evidence during Fogg's trial for obstructing 
 ^ the poHce, was as follows : — 
 
 (After describing what happened up to the time 
 when Middleton left for Rigga) .... "In about 
 an hour and a half I found myself getting faint and 
 called upon Fogg to take Gardiner in charge, which 
 he did, and when I recovered I found Gardiner in the 
 same place as when T fainted. I do not know whether 
 he made any attempt to get away from Fogg, but 
 shortly after I recovered he tried to get away from me ; 
 he attempted to throw me down, and we struggled to- 
 gether for a quarter of an hour, when he got away and 
 rushed towards the river, which was flooded, when he 
 turned and got a sapling and rushed at me with it. I 
 fired at him and overcame him. Fogg then assisted 
 me again, and we took him back to the house and gave 
 him some refreshment. As Middleton did not return 
 with assistance, I thought he must have died on the 
 road, and I asked Fogg to assist me to take Gardiner 
 to Bigga. which he did, and got two horses, one for 
 himself and the other for Gardiner to ride. Fogg led 
 Gardiner's horse, and I rode behind. When we had 
 got about 3f miles on the road toward Bigga we were 
 attacked by two bushrangers, one of whom I believe 
 to be Piesley, who ordered Fogg to let go Gardiner's 
 horse, or they would shoot him ; he did so. They then 
 fired at me, and I fired at them — the only charge I had 
 — when they both rushed at me and covered me with 
 their revolvers. Fogg rushed up and begged of them 
 not to shoot me, but to spare my life, and T believe 
 they would have shot me only for Fogg's interference. 
 They then left, taking Gardiner with them. After they
 
 GARDINER AND PIESLEY. 215 
 
 left, Fogg accompanied me for about a quarter of a 
 mile on the road for protection." 
 
 Who dressed Gardiner's wounds and nursed him 
 back to health has never been disclosed ; but that he 
 was nursed back to health in a comparatively short 
 time is proved by the fact that within a few months he 
 was again reported as being "on the road," robbing 
 travellers, in company with another noted bushranger 
 named Jack Piesley and a couple of others. In the 
 meantime, the Government had offered £50 for in- 
 formation that should lead to their capture, and soon 
 followed this up with the following announcement, 
 made in the "Police Gazette" of January, 1862: — 
 
 ONE HUNDRED AND SEVENTY POUNDS 
 
 REWARD. 
 
 ATTACKING AND WOUNDING THE PATROL 
 
 WITH FIREARMS. 
 
 BATHURST DISTRICT. 
 
 (Vide Report of Crime of 29th July, 1861, and ante.) 
 
 On the i6th July last Sergeant Middleton and Trooper 
 Hosie, of the Western Patrol, were attacked and severely 
 wounded at the Fish River by Francis Clarke, alias Jones, 
 alias Christie, a ticket-of-leave holder, illegally at large from 
 his district; a native of Goulburn, New South Wales, 31 years 
 of age, 5 ft. 8i in. high, a laborer, dark sallow complexion, 
 black hair, brown eyes, small raised scar in left eyebrow, 
 small scar on right chin, scar on knuckle of right forefinger, 
 round scar on left elbow joint, two slight scars on back of 
 left thumb, short finger nails, round scar on cap of right knee, 
 hairy legs; wounded in the above affray on left temple by 
 pistol ball or whip. He was captured and afterwards released 
 by two armed men of the following description: John Piesley, 
 a ticket-of-leave holder, illegally at large from his district; a 
 native of Bathurst. New South Wales, laborer, about 28 years 
 of age, about 5 ft. 10 in. high, stout and well made, fresh com- 
 plexion, very small light whiskers, quite bald on top of head 
 and forehead, several recent marks on face, and a mark from 
 a blow of a spade on top of head; pufifed and dissipated- 
 looking from hard drinking, invariably wears fashionable 
 Napoleon boots, dark cloth breeches, dark vest buttoned up
 
 2i6 AUSTRALIAN BUSHRANGING. 
 
 the front, large albert gold guard, cabbage-tree hat and duck 
 coat. Sometimes wears a dark wig and always carries a 
 brace of revolvers. He was in Sydney some weeks ago in 
 company, it is supposed, with Zalin, alias Herring, of the 
 Abercrombie. The other man is about 26 years of age, and 
 about 5 ft. 6 in. high, light hair and whiskers, and small light 
 moustache, sallow complexion. A reward of £20 is offered 
 for Gardiner's apprehension, and £50 will be paid by the Go- 
 vernment to any person who may, within six months from the 
 present date, give such information as shall lead to the appre- 
 hension and conviction of the said John Piesley, and £50 will 
 be paid for the apprehension and conviction of each of the 
 other ofifenders. 
 
 But leaving Gardiner for a time, we must turn 
 aside to the history and exploits of the man whom 
 Hosie declared to be the chief instrument in his rescue 
 from custody. 
 
 ^ JACK PIESLEY. 
 
 From the very first of Gardiner's road adventures 
 in the West he was associated in the police and press 
 reports with another notorious criminal named Piesley, 
 who was also an old Cockatoo hand.* Piesley had 
 been sent to Cockatoo for cattle stealing, or a similar 
 ofTence, and had either escaped before his sentence had 
 expired or been released on a ticket-of-leave, as was 
 Gardiner. He returned to where his parents lived, in 
 the Abercrombie district. During the years 1860-1 
 many robberies (mostly of travellers) were perpetrated 
 on the roads in the Goulburn, Abercrombie, Cowra, 
 and Lambing Flat districts, and Piesley was generally 
 credited with them. Sometimes the "sticking-up" 
 was done by one man, at other times by three or four, 
 but whether singly or in company, the bushrangers 
 always succeeded in "clearing out" their victims with- 
 out meeting violent resistance, as well as in keeping 
 
 * The term applied to those who had served a penal sentence on the island 
 near Sydney which is now called Biloela.
 
 GARDINER AND PIESLEY. 217 
 
 out of sight of the poHce. The day after one robbery 
 they would be heard of as having committed another 
 scores of miles away, perhaps in an altogether differ- 
 ent district. 
 
 As I have already stated, at the time of the en- 
 counter between Gardiner and the two policemen at 
 Fogg's, the general impression was that Piesley was 
 not far off, and that Gardiner had simply left him at a 
 friend's house while he went to have a yarn with his 
 old partner, so that Hosie's story found ready accept- 
 ance. But Piesley always denied that he had anything 
 to do with rescuing Gardiner, and stoutly maintained 
 that Fogg had bought his release by giving Hosie £50 
 to let him go. So indignant was the bushranger at 
 the charge made against him that from his hiding place 
 in the Abercrombie he wrote a letter to the "Bathurst 
 Free Press," emphatically denying it. This was dated 
 "Fish River, September 4th, 1861," and ran as fol- 
 lows : — 
 
 To the Editor of the '"Bathurst Free Press and Mining 
 Journal." 
 
 Sir, — You will no doubt be surprised to receive a note 
 from the (now by all account) noted Piesley; but, sir, through 
 your valuable paper I must make it known that, if it be my 
 lot to be taken, whether dead or alive, I will never be 
 tried for the rescue of Gardiner, in the light in which it is 
 represented; nor did I ever fire at Trooper Hosie. And such 
 I wish to be known, that it is in my power to prove what I 
 here assert, and that beyond a doubt. I am no doubt a 
 desperado in the eyes of the law, but never, in no instance, 
 did I ever use violence, nor did I ever use rudeness to any of 
 the fair sex, and I must certainly be the Invisible Prince to 
 commit one-tenth of what is laid to my charge. And, sir, I 
 beg to state that it is through persons in high positions that 
 I now make this assertion, and I trust I may never have to 
 allude to it again. I love my native hills, I love freedom 
 and detest cruelty to man or beast. Trusting you will publish 
 this, my bold letter no doubt, but you can be assured it comes
 
 2i8 AUSTRALIAN BUSHRANGING. 
 
 from the real John Piesley. and not any of his many repre- 
 sentatives. 
 
 I am, Mr. Editor, your much harassed writer, 
 
 JOHN PIESLEY 
 
 Piesley felt so deeply on the subject that he re- 
 iterated his denial when on the scaffold in Bathiirst 
 Gaol in April of the following year, while the hangman 
 was standing by. 
 
 In the latter part of i860 the mail coach was being 
 leisurely driven on its way from Gundagai to Yass, 
 having only the mail bags and a few parcels "on 
 board," when the driver was startled out of a deep 
 reverie by hearing a sudden and peremptory demand 
 to "pull up." He obeyed with alacrity, and on looking 
 in the direction from which the voice had proceeded 
 saw two mounted men, with firearms presented to- 
 wards him. One of them went to the heads of the 
 horses while the other called upon the driver to dis- 
 mount. This order he also obeyed, and was promptly 
 covered by a pistol, while the other robber lifted the 
 bags out of the coach and strapped them on his horse. 
 Having secured all they wanted — the bag containing 
 newspapers was cast aside — the bushrangers told the 
 driver he could resume his seat, and while he was 
 gathering up the reins they rode ofT wath their booty. 
 The description of one of them answered to that of 
 Piesley, and the impression that he and a mate of his 
 were the robbers was strengthened when the driver 
 described the horses they were riding as "upstanding 
 bays." As soon as the local police were informed, 
 tliey started out in pursuit, but the robbers had 
 vanished from the locality, carrying the bags and their 
 contents awav with them.
 
 GARDINER AND PIESLEY. 219 
 
 A few days afterwards the two men on bay horses 
 were heard of as "keepinc^ the road" between Lambing- 
 Flat (or Burrangong) and Cowra, which ^t that time 
 was ahve with travellers on their road to the "dig- 
 gings" or returning. For a couple of days they robbed 
 all and sundry who chanced to come within hailing dis- 
 tance. Even bullock drivers were "bailed up" and 
 made to hand over whatever money they had. One 
 of these drivers, who was returning from the Flat with 
 his empty dray after having delivered a load of goods 
 in that then thriving canvas township, was eased of all 
 his earnings most unceremoniously. Carrying in those 
 days was a lucrative employment, and not a few cases 
 could be cited of men, now wealthy, who laid the foun- 
 dation of their fortunes as hard-working teamsters. 
 This man had £47 in his pocket, every pen?iy of which 
 he was compelled to hand over. Leaving him to his 
 sorrowful meditations the robbers passed on, and next 
 camiC across a company of six men bound for the dig- 
 gings with swags on their backs. Piesley stood guard 
 over them with levelled revolver while his companion 
 made each in turn empty his pockets, getting about 
 £10 between them. On the same day a solitary 
 straggler, the whole of whose wealth in money 
 consisted of eighteen pence, was also stopped, and the 
 robbers took from him every copper. Another teamster 
 returning with his empty dray to Bathurst had a nar- 
 row escape of losing his money. He had earned be- 
 tween £40 and £50 on the trip, and this he wrapped 
 up in the folds of an old comforter which he wore 
 round his neck. When the bushrangers demanded 
 his money he handed over the loose silver which he 
 had in his pockets, protesting that he had no other 
 o
 
 220 AUSTRALIAN BUSHRANGING. 
 
 money, and they did not dream of searching the greasy 
 looking woollen wrap which protected his throat. 
 
 One traveller, who was on his road home to the 
 Bathurst district, escaped their clutches, and made the 
 best use of his escape. Meeting the coach, which was 
 crowded with passengers for the Flat, he gave warning 
 that bushrangers were about, and the passengers at 
 once set about secreting their money and valuables 
 under the seats and in other parts of the vehicle; but 
 they were not molested on that journey — perhaps be- 
 cause in number they looked too formidable. For 
 four days the two men pursued their work of "bailing 
 up," and then the police arrived upon the scene — as 
 usual, just a day too late.* 
 
 They now made back by the old Lachlan road for 
 the Abercrombie, where one of them at least had rela- 
 tives, sympathisers and friends. On their way they 
 called at Cheshire's Inn, near Caloola, for drinks, and 
 at night re-visited the house and bailed up the inmates, 
 while one of the party searched the premises in quest 
 of spoil. From some diggers they took two revolvers ; 
 from a Mr. Paton, who had £17, but managed to 
 drop £15 of the amount whilst being led from the 
 kitchen to the front part of the house, they got a poor 
 £2. Another person was there who, it had been re- 
 ported, wanted a wife. The robbers took two shillings 
 from him, but learning who it was, they gave him his 
 money back again, saying that as he wanted a wife 
 they would not deprive him of the means of obtaining 
 one. He said he did not want a wife, but he would 
 like a piece of the liquorice that had been taken from 
 
 * At this time only one constable and two troopers were stationed at Cowra, 
 and had all their work cut out for them in a locality about which gathered some 
 of the worst classes of the colonies on their way to the goldtields.
 
 GARDINER AND PIESLEY. 221 
 
 one of the party ; the rogue who had possession of the 
 article referred to, immediately cut it up and dis- 
 tributed it among the company. The robbers then 
 shouted for all hands, paid the score, and took their 
 departure. There were no police in the locality to dis- 
 turb the roadmen, and some days elapsed before the 
 police in the Tuena district heard that Piesley was 
 again in the neighbourhood. 
 
 But while the news was travelling the bushrangers 
 were travelling also. They had cut across country to 
 the southern side and caused a sensation by "sticking 
 up" the mail between Gundagai and Yass, choosing a 
 dark night for the purpose. They had compelled the 
 driver to dismount from his seat and stand at the road- 
 side v/ith the passengers, and were in the act of ripping 
 open the mail bags to search for money letters, when 
 some police rode up, on their way to the station at 
 Yass. As soon as the bushrangers discovered that 
 the horsemen approaching were not ordinary travel- 
 lers they abandoned their spoil, mounted their horses, 
 and beat a hasty retreat into the bush. The astor.iilicd 
 troopers at once took in the position and gave chase, 
 but police horses never yet have proved a match for 
 bushrangers' steeds, and the robbers got clean away. 
 
 Several highway robberies were committed on the 
 
 Goulburn road during the next few days, and then the 
 
 men appear to have made back for a "spell" among 
 
 the Abercrombie Ranges. They certainly needed a 
 
 spell, if they were concerned in all the robberies about 
 
 this time which the public put down to them. Here is 
 
 one, for instance : — 
 
 Between three and four o'clock, two men named Charles 
 Blatner and George Jones, when about two miles on this side 
 of Paddy's River, on their way to Goulburn, were set upon by
 
 222 AUSTRALIAN BUSHRANGING. 
 
 three men armed with revolvers and en masque. The tallest 
 of the three called out to the travellers "to stand and strip," 
 and forced them to take off every stitch of clothing. The 
 highwaymen then proceeded to possess themselves of the 
 money of their victims, amounting to about £19, being £12 
 in notes, £5 in gold, and the rest in silver. The robbers 
 being apparently satisfied with their booty, returned the 
 travellers 15s and decamped. The highwaymen are thus de- 
 scribed by Blatner and Jones: — One was about 5 ft. 10 in. in 
 height, with blue shirt, moleskin trousers, cabbage tree hat, 
 and Napoleon boots; the other two were about 5 ft. 8 in., and 
 wore the same dress, viz., blue shirt, moleskin trousers, and 
 Californian hat. 
 
 Within a fortnight the "Bathurst Free Press" con- 
 tained the following paragraph : — 
 
 Robberies have now become of such every day occur- 
 rence that we are surprised when a day passes without hear- 
 ing that something fresh has occurred. On Friday last as two 
 Chinamen were proceeding from this place to the Aber- 
 crombie they were stopped by three mounted highwaymen 
 who robbed them of £12 in gold, two horses, two new sad- 
 dles, and a new coat. On the following day as a party of 
 diggers and their wives were coming from the Lambing Flat, 
 they were stopped near the Sheet of Bark by three armed 
 men, who placed the whole of them under tribute, and then 
 compelled one poor fellow to strip, and took three £10 notes 
 from him which he was taking to his wife and family. A man 
 named James Newsome was sentenced to six months' im- 
 prisonment for a robbery at Marooney's inn. On Sunday 
 last as a number of Chinamen were proceeding from the 
 Abercrombie to the Lambing Flat, four mounted men at- 
 tempted to stop them for the purpose of robbing them; but 
 the Chinamen fired at them and the rogues made a hasty re- 
 treat. We also heard of several other robberies, but have not 
 as yet heard the particulars, and although our constables are 
 always on the alert they have not as yet been able to appre- 
 hend any of these bushrangers, and we are much afraid that it 
 will require some determined steps to be taken by the Govern- 
 ment before they are captured. 
 
 A few days afterwards the following appeared in 
 
 the same paper : — 
 
 On the night of Friday, the 23rd inst., Mr. Charles Bell, 
 storekeeper at Back Creek, received an unpleasant and im- 
 ceremonious visit from two of the bushranging fraternity. It 
 appears that Mr. Bell is in the habit of purchasing small
 
 GARDINER AND PIESLEY. 223 
 
 parcels of gold from the diggers in that locality, and he visits 
 Bathurst weekly for the purpose of turning his purchase into 
 cash. On the day named Mr. Bell had been into Bathurst, 
 and it is supposed that the villains knew he had brought home 
 some money. About 10 o'clock p.m. just before retiring to 
 bed. Bell went to the door where he was met by two men, 
 disguised by wearing red comforters around their throats and 
 faces, and each of them armed with a revolver. The men 
 presented the revolvers at Bell's head, and marched him into 
 one of the rooms, where he was ordered to stay while they 
 went into the bedroom to search for the money. Mrs. Bell 
 was in bed, but they told her not to be alarmed as they would 
 not injure her. Having found the cash box in one of the 
 drawers they at once decamped with their booty. Early the 
 next morning Mr. Bell proceeded to Mr. Keightley's at Pye's 
 station, and obtained the assistance of two troopers, who re- 
 turned with him to Back Creek. Close by were discovered 
 the tracks of three horses, which tracks were followed to a 
 barn of Mr. E. Golsby's, where the cashbox and certain pro- 
 missory notes, cheques, and receipts for cash were found. It 
 is evident that the villains having obtained the cash box went 
 to this barn and struck a light (some matches were found on 
 the spot) and divided the spoil, leaving the box and papers 
 which were of no use to them to be reclaimed by Mr. Bell. 
 Three men who had been working for Mr. Golsby for a short 
 period were not to be found next day, nor have they been 
 since. The troopers endeavored to get on the tracks of the 
 villains, but we believe they have not succeeded in capturing 
 them. 
 
 About this time a proclamation appeared in the 
 "Government Gazette," offering a reward of £ 100 to 
 any person who should within six months from that 
 date give such information as would lead to the appre- 
 hension and conviction of Piesley ; and also a reward 
 of £50 for the apprehension and conviction of the 
 other offenders associated with him. 
 
 All this had happened before Gardiner's rescue 
 from Hosie, and Gardiner had been already named as 
 one of Piesley's companions. That they were at this 
 time acting in concert there can be no doubt, although 
 they were not always together. 
 
 Shortly after the publication of the Government
 
 224 AUSTRALIAN BUSHRANGING. 
 
 proclamation offering a reward, Piesley and his mates 
 again shifted quarters — from the Abercrombie to Car- 
 coar, from Carcoar to Cowra, from Cowra to Lambing 
 Flat. They devoted one day to the road between Car- 
 coar and Bathurst, and stopped and robbed seven or 
 eight persons on a lonely part of that highway. Mr. 
 Dooley, a butcher of Carcoar, had a narrow escape 
 from something worse than robbery. He was on his 
 way to Bathurst to purchase cattle, and for this pur- 
 pose carried with him a considerable amount of money. 
 When nearing the top of "The Mount" he was ac- 
 costed by three men, one of whom asked him for some 
 tobacco, and while he was in the act of taking some 
 out of his pocket, the men revealed themselves to him 
 in their true character and demanded his money. But 
 Dooley could not see any virtue in this method of deal- 
 ing, and without a word put spurs to his horse — he was 
 fortunately well mounted — and galloped down the hill. 
 The men pursued, one of them firing at the fugitive to 
 check his flight. The bullet passed through the 
 horse's ear, but Dooley escaped unhurt, out- 
 distanced his pursuers, and kept up speed until he 
 reached Bathurst, when he at once gave information 
 to the police, who rode "up the hill and down again," 
 with the usual result. While the troopers were scour- 
 ing the bush in the locality where the robberies had 
 taken place, Piesley, Gardiner, and the unknown were 
 speeding towards Cowra, and the Bathurst newspaper 
 of the day was saying — "Truly we live in troublous 
 times, and unless some steps are taken to arrest these 
 daylight marauders, and put a stop to their proceed- 
 ings, it will very shortly be unsafe to travel any dis- 
 tance from the town."
 
 DUBBO 
 
 WESTERN 
 SOUTHERN 
 
 DlSTSICTS 
 
 ToUlnslrale Ihe Career 
 ofOardinerBefi Ball 
 
 Gulgonri % Q ^ 
 
 -A- 
 
 Forbes 
 
 jVv'eddin 
 
 THt 
 
 BangB 
 
 BLAND 
 
 l^jm^ 
 
 flat .> 
 
 Bigga ^ \ f> <? 
 
 irrowd( ^,^ ,^fr "^ 
 
 JCrookwell* Jf"^ ? = 
 
 Bemmaj 
 
 ^o<^ ^^<:»^ Bjnalong
 
 GARDINER AND PIESLEY. 227 
 
 The "daylight marauders" were not arrested, how- 
 ever, neither was a stop put to their proceedings. A 
 few days afterwards the Cowra correspondent of the 
 same paper under a heading ''sticking-up," said : — 
 
 I have again to record several exploits of this nature that 
 have taken place between Cowra and Burrangong. One oc- 
 curred at Bang Bang. Three men — two of whom were 
 mounted, the third on foot — stuck up a poor fellow, robbing 
 him of his blankets, tea, sugar, and 36s, all the money he 
 had. The same day another man was served the same way, 
 and £33 taken from him. A few days afterwards, a hut 
 near Bland was attempted. One or two men were in this 
 hut, when the door was burst open, and the usual salutation 
 took place — "Stand! or your brains," &c., &c. One of the 
 men in the hut sang out "Take care. Gardiner, what you are 
 about, for I am armed!" "So am I," was the reply, a shot 
 being fired on the instant. The fire was returned, and the 
 assailant was observed tn reel back with a stagger as if shot, 
 and shortly after made his escape without further molest- 
 ation to the brave inmates of the hut; so you see, as I said 
 in my last communication, the folks out that way (Bland) 
 are not to be trifled with. Our six police left Cowra last 
 ATonday, apparently with sealed orders; when last seen they 
 were in company out to the north-west, Cowra astern, bear- 
 ing south-cast by compass; weather squally; men and horses 
 somewhat down in the nmuth. Signals were exchanged 
 with a stockman bound to Cowra, and the convoy spoke the 
 Condobolin mailman, two days out all well. 
 
 The bushrangers now appear to have made a re- 
 treat in the Weddin Mountain — a place which subse- 
 quently became famous as the hiding place of the 
 escort robbers, and the resort of Gardiner, Gilbert, 
 Hall & Co., whose exploits will be fully narrated in 
 chapters to follow. Here a fourth man joined the 
 g;ang, probably Johnny Gilbert ; and it was from this 
 point that the full tide of bushranging set in. One 
 morning, shortly after the affair at Bang Bang, a mes- 
 senger rode into Cowra and reported that the bush- 
 rangers were out in the neighbourhood of Bogolong 
 and Wheogo, there being four in the gang. They had
 
 228 AUSTRALIAN BUSHRANGING. 
 
 bailed up and robbed McGuire's station at the Pin- 
 nacle, near Forbes, taking all the money they could 
 find, stripping the men about the place, and dragging 
 them in that condition two miles into the bush. An- 
 other man they stopped on the road, stripping him 
 also, and leaving him in that state. 
 
 After this, Piesley separated himself from the 
 gang and started to revisit his old haunts at the Aber- 
 crombie; but he could not resist the temptation, even 
 when alone, to indulge his freebooting inclinations. 
 Single handed he stopped the Lambing Flat coach 
 early one morning, shortly after it had started from 
 Cowra. There were eight passengers in the coach, 
 three of whom'^vere females, and about three miles 
 from Cowra on the Carcoar side, Piesley, mounted and 
 armed, and with a piece of crape over his face, rode up 
 to the coach, and presenting a revolver, called upon 
 the coachman to pull up or he would make him. The 
 highwayman immediately jumped off his horse, which 
 he left standing in the road, saying — "You see he is 
 used to this sort of work ;" he then called upon Mr. 
 Minehan, of Bathurst, who was one of the passengers, 
 to leave the coach and deliver up his cash. Mr. M. 
 fortimately dropped his money in the coach, and the 
 robber found only a few shillings upon his person, 
 which were speedily appropriated. The other passen- 
 gers were invited to follow the example of Mr. Mine- 
 han, and were ordered to "shell out," which they did, 
 to the amount of about £15 between them. The rob- 
 ber (lid not attempt in any way to interfere with the 
 females, but with his revolver presented and with his 
 finger upon the trigger, told the male passengers they 
 were to deliver up all they had, or if he found anything
 
 GARDINER AND PIESLEY. 229 
 
 upon them afterwards he would make it a caution to 
 them. He ordered Mr. Ford, one of the coach pro- 
 prietors who was present at the time, to dehver up the 
 mail bags, which order being complied with, he asked 
 Mr. T. Cummings, another passenger, for a knife, with 
 which he soon opened the bags, and selecting such let- 
 ters as he deemed valuable he left the rest to be 
 gathered up by the coachman whilst he made his 
 escape. One of the parcels thrown aside from the 
 mail bag as useless contained a large sum of money 
 addressed to a gentleman in Carcoar, and several of 
 the passengers managed effectually to secrete their 
 cash and valuables either in the coach or upon their 
 own persons. The highwayman gave back some sil- 
 ver to some of the passengers to assist them in paying 
 their expenses on the road. 
 
 "The passengers had no arms," said Taylor, the 
 coachman, afterwards, "and did not make any resist- 
 ance ; one of the passengers said that it would have 
 been very easy for them to disarm him, but they did 
 not attempt it." The police superintendent, who was 
 at Carcoar, with all the available troopers and con- 
 stables, started out to catch the robber, but they had 
 their trouble for nothing. Piesley had made his way 
 past Carcoar and was again among the Abercrombie 
 Ranges, where he evidently intended to remain quiet 
 for a time. 
 
 And now we come to the crowning act of this 
 wretched man's life. 
 
 On 27th December, 1861, after having spent 
 Christmas with some relatives in the locality, Piesley 
 picked up an old acquaintance named James Wilson, 
 who kept a store on the Abercrombie, and went with
 
 230 AUSTRALIAN BUSHRANGING. 
 
 him to McGiiinness' public house at Bigga, where 
 they remained all night drinking pretty freely. Next 
 morning, with a bottle of liquor each, Piesley and Wil- 
 son started away to a farm kept by a man named 
 Benyon, at no great distance from Bigga. Between 9 
 and 10 o'clock in the morning, when the men at the 
 farm were busy with the harvest, they rode up to the 
 house and asked for Benyon ; Mrs. Benyon directed 
 them to the barn, first supplying them with something 
 to drink, and learning from Wilson that his com- 
 panion — about whom she was curious, doubtless 
 through seeing him carrying firearms — was a stranger 
 in the district. 
 
 The whole party spent the morning amicably to- 
 gether, but about dinner time Piesley challenged Ben- 
 yon to run, jump, or fight him for £ 10, and then tried 
 to provoke him to fight. During dinner time he 
 said, "I have a down on you, Benyon; when T v/as a 
 kid, \y years ago, you swopped a horse with me which 
 was no good, but I am no kid now." This talk natur- 
 ally led to a rough-and-tumble fight between the 
 bushranger, Benyon, and Benyon's brother Stephen ; 
 and a little later in the afternoon Piesley was seen gal- 
 loping ofif to the barn, where the Benyons had gone to 
 work. In the skirmish which followed Stephen Ben- 
 yon got a bullet in his arm, and the master of the house 
 was shot through the throat and spine. 
 
 The strange part of the afifair is that none of the 
 men about the place attempted to arrest Piesley, al- 
 though they saw that poor Benyon had received his 
 death wound. The murderer stayed in the house for 
 a couple of hours afterwards, "looking at Mr. Ben- 
 yon," said the poor wife afterwards, "with a revolver
 
 GARDINER AND PIESLEY. 231 
 
 in each hand." There were ten reapers on the farm, 
 and not one stirred a finger against Piesley. His vic- 
 tim Hngered for six days, much to the surprise of his 
 medical attendant, and then died in great agony. 
 
 Meanwhile Piesley had disappeared from the 
 locality, knowing the police would now pursue him 
 with renewed vigour. And so they did, but all their 
 watching and tracking was of no avail. He had 
 "cleared out" of the district, and nothing was heard of 
 him for a month. Then came the welcome news that 
 he had been captured at Tarcutta, in the Wagga 
 Wagga district, while making his way towards the 
 border, with the intention of leaving the colony for 
 good. 
 
 The following letter, written at the time by James 
 Campbell, one of the parties concerned in the arrest, 
 will show exactly how the capture was effected : — "On 
 Wednesday night, 29th January, I was in bed reading, 
 when Mr. McKenzie came into my room and asked 
 me if I knew the man in the kitchen ; I replied that I 
 did not know him ; Mr. McKenzie then said he 
 thought the man was a bushranger, and would like to 
 have him taken. I said I was no constable, on which 
 Mr. McKenzie said he could act as a constable on his 
 own premises, and that he thought the man was 
 Piesley. As soon as I heard him say that it was Pies- 
 ley, I got up and dressed myself, and went inside the 
 house. In the passage between it and the kitchen, it 
 was arranged how we were to take the man. Mr. 
 Beveridge was to rush on to him, and I was to take 
 the revolver from his hand ; Mr. McKenzie was to 
 stop inside the door with a revolver in case of danger. 
 Mr. McKenzie told me he had seen a revolver with the
 
 232 AUSTRALIAN BUSHRANGING. 
 
 man in the evening, stuck in the waistband of his 
 trousers, but it turned out to be a pistol, capped. When 
 we went into the kitchen, Piesley was having his tea, 
 and a man was lying drunk beside him, nearer the 
 door. Piesley caught hold of the man and shook him, 
 and asked him if he was going to sleep all night, tell- 
 ing him to get something to eat and he would be all 
 right; the man said 'Who is that?' when Piesley re- 
 plied, 'It is me.' The man said 'He is a rogue,' on 
 
 which Piesley asked 'Who?' the man replied 'Why he 
 who came in the evening with thebay horse.' Piesley re- 
 plied, 'Is that it, you dog; would you come it?' 
 
 The man then got up ofif the form and challenged 
 Piesley to fight for a pound. I found out afterwards 
 that the man had been at work for Mr. Beveridge. He 
 pulled out eight shillings, on which Piesley said 'you 
 
 dog, do you know how you came by that money? 
 
 did I not give you a pound this evening, and now you 
 are going to turn on me ; you would hang a man.' Mr. 
 Beveridge heard some conversation between them in 
 the evening, and we were in hopes that they would 
 quarrel and fight. Had they done so, a good oppor- 
 tunity would have been afforded to take Piesley. I 
 began to get tired while they were wrangling, and sat 
 down on the form beside Piesley, thinking about the 
 safest way to catch him. He had his left hand on the 
 table, and was lifting the cup of tea to his mouth, when 
 I put my two arms under his arms, and getting my 
 hands together, at the back of his, bent his head down- 
 wards and cocked his arms out. Mr. McKenzie and 
 Mr. Beveridge then rushed on him. I told them to 
 take the revolver from him, and Mr. McKenzie put the 
 handcuffs on him, and he was thus secured."
 
 GARDINER AND PIESLEY. 233 
 
 Piesley was now handed over to the poHce, 
 brought under a stront^ e'^cort by a long and weari- 
 some road to Carcoar, where he was charged before 
 the local magistrates with the murder of William Ben- 
 yon, and by them committed for trial to the Bathurst 
 Assize Court. The news of his arrest spread through , 
 the country like wildfire, and people assembled at 
 different points where he was expected to pass, all 
 anxious to see the man to whose charge so many out- 
 rages on the road had been laid, and who had been 
 the associate of Gardiner. 
 
 He was tried on March 13th, 1862, and found 
 guilty. On the scaffold, twelve days later, he tried to 
 give his own account of the murder, asserting that 
 they were all drunk together, and Benyon was the 
 provoker of the whole quarrel. With reference 
 to the charge which had been made against 
 him, of being concerned in the rescue of 
 Gardiner from the hand of the police, he 
 called God to witness, that the charge was utterly 
 groundless, as he was not near the spot on that oc- 
 casion. He knew that Fogg had promised Hosie £50 
 if he would let Gardiner go free, and the money being 
 made up, the sum of £50 los was given by Fogg. 
 Among the money paid to Hosie was a cheque for £2 
 I OS, and that was the reason of his receiving los over 
 the £50.
 
 CHAPTER VII. 
 
 THE EUGOWRA ESCORT ROBBERY. 
 
 After his escape from trooper Hosie on the Fish 
 River Gardiner re-appeared in the neighbourhood of 
 Burrangong, and engaged with Piesley and others in 
 the congenial employment of "sticking-up" travellers 
 and settlers. 
 
 After Piesley had returned to the Abercrombie, 
 Gardiner appears to have sought and found other and 
 less restless followers in the Burrangong district, 
 which became a hot-bed of bushranging. The follow- 
 ing letter, written by Mr. Robert S. Stevens, of Maren- 
 go, and countersigned by fifteen other residents in the 
 district, will show the state of the country about this 
 time: — "I am the national school teacher of Marengo. 
 My wife and family are in a distant part of the colony. 
 I require the professional services of my wife, yet I 
 am afraid to send for her because the schoolhouse is 
 in an isolated position, and we have no police protec- 
 tion. This neighbourhood is infested with disreput- 
 able characters — from the petty larceny vagabond up 
 to the ruffianly bushranger. Within the last three 
 months no less than twenty robberies have been com- 
 mitted. About seven weeks ago the Plough Inn and 
 Mr. Hancock's stables were broken into, and four 
 saddles stolen ; directly afterwards Mr. Kelly's house 
 
 234
 
 THE EUGOWRA ESCORT ROBBERY. 235 
 
 was entered l)y four armed bushrangers, the family 
 tied back to back, and the place plundered. The 
 primary cause of the death of our respected townsman, 
 Mr. Thomas Robinson, was a burglary in his stable. 
 About a month since, Mr. M. Scanlan was stuck up, 
 fired upon, and escaped only through the fleetness of 
 his horse ; fourteen days ago the store of the relict of 
 the late Thomas Robinson was burglariously entered 
 and plundered of property to the value of seventy 
 pounds sterling. Strong suspicions were entertained 
 of two parties, but having no police protection within 
 seventeen miles, the spoil was disposed of before we 
 could obtain their assistance. Last Sunday night a 
 burglary was perpetrated in Mr. Fowler's hotel, and all 
 the inmates robbed and ill-treated. In every one of 
 these cases the guilty parties have never been de- 
 tected." 
 
 It soon became evident that Gardiner and his as- 
 sociates were operating in "flying squads," each squad 
 making a certain part of the district its centre of opera- 
 tions for a short time and then suddenly appearing in 
 another part. It was only occasionally that the full 
 body came together, but when they did the report of 
 some bold and dashing raid was sure to follow. 
 
 One of the most daring robberies in which Gar- 
 diner was personally engaged was on the road near 
 Big Wombat, in the district of Young, when he stuck 
 up Mr. Alfred Horsington and robbed him of 253 
 ounces of gold and £145 in money. Horsington was 
 a digger and a storekeeper at Lambing Flat, and was 
 proceeding from Little Wombat to the Flat in a spring 
 cart on loth March, 1862, his wife and a boy named 
 De Burgh being in the vehicle with him and a Mr.
 
 236 AUSTRALIAN BUSHRANGING. 
 
 Hewitt, another Flat storekeeper, riding on horseback 
 behind. The boy was driving, as Horsington was 
 suffering from a broken leg. They had not proceeded 
 very far on the road — it was not yet half-past lo in the 
 morning — when Gardiner and three other bushrangers, 
 Gilbert, O'Meally, and McGuinness, rode up, pre- 
 sented their revolvers, and ordered the party to "bail 
 up." At the same time a shot was fired by one of the 
 men, and Mrs. Horsington declared that she heard the 
 bullet whistle past her head. Horsington had known 
 Gardiner when he was keeping the butcher's shop 
 with Fogg at Spring Creek, and as none of the bush- 
 rangers were disguised in any way he had no difificulty 
 in recognising them ; in fact, he said he knew who 
 they were before they came within fifty yards of the 
 cart, but there was no possibility of escape. Gardiner 
 caught the reins of Hewitt's horse, while his com- 
 panions surrounded the vehicle, and at a word of com- 
 mand from the leader a start was made into the bush, 
 one of the men riding in front and one on each side of 
 the cart, while Gardiner conducted Hewitt. About 
 half a mile away, at a convenient spot in the bush, a 
 halt was called and the captives were told to dismount. 
 \Vhile the three men kept their victims covered with 
 revolvers, Gardiner personally did the searching, and 
 very little time elapsed before the gold and notes — 
 representing in all nearly £ looo — were transferred 
 from the owner's pocket into his. Gardiner then pro- 
 ceeded to search Mrs. Horsington, excusing his un- 
 gallant work on the ground that ladies were some- 
 times fond of planting money. Mrs. Horsington, 
 however, had only a £ i note. "You may want that," 
 said Gardiner, "and you can keep it." "Thank you
 
 THE EUGOWRA ESCORT ROBBERY. 237 
 
 for nothing," said the lady, who knew what he had got 
 from her husband. 
 
 From Hewitt also Gardiner took some notes and 
 gold, which were in a valise on his saddle. One of 
 the other bushrangers subsequently took the saddle, 
 valise and riding whip, and the horse was only left be- 
 cause it was badly bred. Horsington's horse was also 
 left to him, because of his broken leg; but they made 
 the boy take it out of the shafts and unharness it; to 
 prevent speedy pursuit. "I hope you'll have another 
 load for me next time you come along," said Gardiner, 
 and the bushrangers rode off with their booty. 
 
 When the police at Lambing Flat heard of this 
 exploit they at once set out to scour the country, but, 
 as usual, their search for the robbers was futile. It 
 was one of the most successful raids that had yet been 
 made, and it was generally believed that instead of 
 satisfying the robbers the large haul which they had 
 made would have the eflfect of sharpening their appe- 
 tites. Those who had gold dust or money in any 
 quantity became naturally very much alarmed. And 
 that belief was confirmed and that alarm was intensi- 
 fied by an exploit which made the colony ring with its 
 record from one end to the other — an exploit which 
 cast into the shade even the road outrages of the most 
 notorious banditti of the olden time. 
 
 To say the town of Forbes — then in the height of 
 its popularity as the chief centre of the Lachlan gold- 
 fields — was thrown into a state of the greatest con- 
 sternation, when on the night of Sunday, June 15th, 
 1862, a mounted messenger brought the news that the 
 gold escort had been "stuck-up" and robbed by bush-
 
 238 AUSTRALIAN BUSHRANGING. 
 
 rangers on the road near Eiigowra, conveys but a 
 feeble idea of the effect created by the startling intelli- 
 gence. The news was first taken to the police camp, 
 but soon spread from one end of the diggings to the 
 other ; and before many hours had elapsed the thous- 
 ands of gold-seekers and those who lived by them and 
 on them were engaged in the discussion of one absorb- 
 ing topic, each being anxious to learn if his neighbour 
 knew more than himself, and each speculating in his 
 own way whether the police would manage even to 
 find out who the bushrangers were and where they 
 had gone to. 
 
 The gold escort was instituted shortly after the 
 discovery of gold. The necessity for making special 
 provision to convey the precious metal safely from the 
 gold-fields to Sydney was apparent to the authorities 
 even before any pronounced case of bushranging had 
 taken place. The individual digger very rarely kept 
 the treasure which he had succeeded in winning from 
 his "claim," whether that treasure could be weighed in 
 ounces or in pounds or in hundredweights ; almost 
 invariably he sold it, either to peripatetic buyers who 
 made it their profitable business to give coin or notes 
 for gold dust and nuggets, or to the banks, who pur- 
 chased, also with an eye to profit, in order to forward 
 the precious metal to headquarters in Sydney. The 
 banks also undertook to transmit gold for depositors, 
 whether diggers or buyers. The gold thus accumu- 
 lated was, of course, not sent by ordinary conveyance 
 along the road at irregular and uncertain intervals ; 
 packed in strong boxes and safely sealed, it was handed 
 over to a properly constituted escort of police, who 
 placed it in the mail coach and guarded it all the way
 
 THE EUGOWRA ESCORT ROBBERY. 239 
 
 from the diggings to the metropolis. The escort 
 travelled on fixed days, generally once a week. 
 
 On the morning of the 15th June, the four-horse 
 covered mail coach was drawn up at the police camp 
 at Forbes, and four iron boxes containing gold and 
 bank notes amounting to about £ 14,000 in value, were 
 safely placed therein. 
 
 Sergeant Condell was ordered to take charge of 
 the escort on this occasion, the large quantity of gold 
 that was being obtained rendering a weekly escort 
 necessary. Everything having been set in order the 
 coach started, driven by John Fagan, one of the best- 
 known drivers on the western line, who is now, by-the- 
 way, a wealthy squatter in the Carcoar district, where 
 most of his life has been spent. Besides the driver 
 and Sergeant Condell there were on the escort Senior- 
 constable Moran, Constable Haviland, and another 
 constable — five in all. 
 
 The treasure on board was made up as follows : 
 For the Oriental Bank, £700 in cash and 2067 oz. 
 18 dwts. gold; for the Bank of New South Wales, 
 521 oz. 13 dwts. 6 grs. of gold; for the Commercial 
 Bank, £3000 in cash and 129 oz. 18 dwts. gold; alto- 
 gether 2719 oz. 9 dwts. 6 grs. gold and £3700 cash. 
 In addition to this treasure there was a very heavy 
 mail, containing many registered letters. This was a 
 small escort, large though the amount of treasure may 
 appear. The gold sent down by the previous week's 
 escort from the Lachlan gold-fields amounted in value 
 to £34,000. And the fact that the attack was made 
 when a comparatively small amount was "on board" 
 seemed to indicate that the robbers had nothing like 
 an organised or well-designed plan, but rather acted
 
 240 AUSTRALIAN BUSHRANGING. 
 
 without preparation. The poHce authorities found in 
 this something- upon which to build hopes of being 
 able to run them down speedily, judging that those 
 who had not carefully organised an attack would not 
 be likely to lay any elaborate plans for eluding their 
 pursuers. 
 
 The escort started from Forbes at about noon, 
 with Sergeant Condell on the box beside the driver 
 and the three constables in the coach. During the 
 five hours consumed between Forbes and Toogong — 
 27 or 28 miles — nothing occurred to warn the party 
 of impending danger. But near Mr. Clements' sta- 
 tion two or three bullock teams were drawn up in the 
 roadway; as this was not altogether a strange sight, 
 very little thought was given to it until the coach 
 came quite close to the spot. It was then seen that 
 there was only a small passage left between the ob- 
 structing teams and a huge mass of broken, perpen- 
 dicular rocks which jutted overhead at this particular 
 pass. Even now the escort never suspected a design 
 to attack the coach, although the driver had to bring 
 his horses to a walk to steer in safety between the drays 
 and the rocks. While the horses were thus quietly 
 walking and the constables no doubt enjoying a more 
 comfortable chat, the jolting of the coach not inter- 
 fering with smooth thought or conversation, suddenly 
 there was an alarm, and all became confusion. 
 
 Six men, with blackened faces, each wearing a 
 red serge shirt and red "comforter" on his head in the 
 shape of a night-cap, showed themselves from behind a 
 breastwork of rock. "Fire!" cried one, and a volley 
 crashed into the coach and its occupants. The ser- 
 geant was wounded in the side by one bullet, another
 
 EUGOWKA ROCKS.
 
 THE EUGOWRA ESCORT ROBBERY. 243 
 
 bullet was supposed to have gone through the driver's 
 hat, and a third penetrated Constable Moran's groin. 
 
 Confusion and consternation reigned at once. 
 The attack had been so unexpected and so forcible 
 that the escort was completely unnerved, and could not 
 handle their own firearms promptly. No sooner had 
 the six men emptied their revolvers, then they fell back 
 with military precision, and were replaced by other 
 six, who fired and fell back in the same way. After 
 the first fire there was no one on the box seat of the 
 coach, for Fagan had jumped down and was holding 
 the reins as the horses walked slowly on, while Condell 
 also was on terra firma. He subsequently declared 
 that the bullet knocked him ofT his seat. 
 
 The second volley roused the constables to action. 
 Those inside the coach had a very narrow escape, their 
 clothes being pierced in several places, though they 
 themselves sustained only trifling flesh wounds. Moran 
 and Haviland now discharged their carbines at the 
 bushrangers, but their aim was not of the truest, and no 
 damage was done ; the firing frightened the horses, 
 they bolted, and in an instant the coach had capsized, 
 and driver and police had disappeared in the bush. 
 At once the bushrangers ran forward with a cheer. 
 
 To seize the boxes containing the gold and to cut 
 open the most promising-looking of the mail bags 
 was the work of a few moments ; and while the late 
 escort was making- its way towards Clements' station, 
 the bushrangers were preparing to decamp with their 
 treasure loaded on the two leading coach horses. 
 
 Mr. Clements was in his paddock when the at- 
 tack was made, and on hearing the firing he immedi- 
 ately galloped over. Meeting Fagan he learned what
 
 244 AUSTRALIAN BUSHRANGING. 
 
 had taken place, and while the coach-driver sought 
 shelter at the house, Clements went forward, expecting 
 to come across the dead bodies of the constables, who 
 had, so Fagan said, all been killed. He shortly after- 
 wards met Sergeant Condell limping towards the 
 place, and he said he thought the others had been 
 killed ; but just then they saw Moran and Haviland at 
 the top of the paddock. Mr. Clements at once rode 
 forward and brought them down ; and, the party hav- 
 ing been housed, he started immediately for Forbes to 
 carry intelligence of the affair to Sir Frederick Pot- 
 tinger, the head of police at the diggings, riding at the 
 rate of about ten miles an hour through the dark and 
 on a very bad road. 
 
 Meanwhile the bushrangers had made good use 
 of their opportunities, and were pushing their way 
 with all speed over rough country towards the spot 
 they had selected for a camp — about three miles dis- 
 tant and on the opposite side of a lofty ridge. 
 
 The bullock-drivers, whose teams had been used 
 by the bushrangers to block the road, had been kept 
 there in waiting for two hours before the coach 
 reached the spot, and after having been treated to 
 some grog had been compelled to lie on their faces 
 some distance off and preserve absolute silence. They 
 were graciously told that they could resume their 
 journey after the police had been put to flight and the 
 gold secured. 
 
 As soon as the news reached Forbes, Sir F. Pot- 
 tinger gathered all his available force and prepared to 
 search for the bushrangers. At 2 o'clock on Monday 
 morning he reached Mr. Clements' station, with eleven 
 troopers, two black trackers, and several civilian volun-
 
 THE EUGOWRA ESCORT ROBBERY. 24S 
 
 teers. The blacks picked up the tracks without de- 
 lay, and shortly after daylight reached the spot where 
 the bushrangers had camped. The embers of their 
 fire were still burning, and the fag-ends of their red 
 shirts and comforters were found therein, the articles 
 having been destroyed to prevent their being used in 
 evidence against the wearers. The men themselves, 
 of course, were gone long before, and the tracks made 
 by their horses indicated that they were making for 
 the Weddin Mountains. 
 
 The mailbags were found empty, but, strange to 
 say, many of the registered letters remained untouched. 
 
 The broken boxes, bags, letters and newspapers 
 scattered about were gathered up and brought back to 
 Clements' station; two of the horses and the coach were 
 recovered, the broken escort and the empty shells 
 were again sent on their journey, arriving in Orange 
 about 7 o'clock on Monday evening. News of the 
 attack had reached Orange some hours before — and 
 the excitement was intensified by a tragedy that oc- 
 curred immediately after the escort's arrival, the vic- 
 tim being one of the constables. 
 
 Having delivered the mailbags to the Orange 
 Postmaster, by command of his superior officer. Con- 
 stable Haviland re-entered the coach with the others 
 and proceeded in the direction of Dalton's inn, where 
 the escort usually put up. Sergeant Condell was 
 seated on the box, and Moran and Haviland, with a 
 male and female passenger who had come down from 
 Clements', occupied places in the coach. About half 
 way between the Post Oflftce and Dalton's the report 
 of a revolver was heard, and his fellow travellers saw 
 that Haviland had been shot.
 
 246 AUSTRALIAN BUSHRANGING. 
 
 "My God !" said the woman passenger, "the man 
 is shot !" and stretching her hand across felt the blood 
 pouring out from the unfortunate man's chest. Her 
 companion caught him by the coat and held him up 
 till the coach stopped at the hotel door, when he was 
 lifted out dead. It seems that he had put a loaded 
 and capped revolver under the seat he was sitting on, 
 and was picking it up in readiness to leave the coach 
 at Dalton's when, by some mischance, it went ofT and 
 shot him through the throat and spine. 
 
 Some have thought that he took his life volun- 
 tarily, through disappointment and the fear of being 
 laughed at by his companions, for having no wound 
 to show from the attack ; but those who knew him 
 were vigorous in their efforts to repel the insinuation 
 of suicide, and there can be very little doubt that the 
 sad event was a pure accident. 
 
 Within a few days every newspaper in the colony 
 had published an account of the daring exploit of Gar- 
 diner and his gang; for the public took it for granted 
 that Gardiner was the leader, while the authorities 
 made no secret of the fact that they were in possession 
 of proof indisputable that the ex-butcher of Lambing 
 Flat was the man who gave the order to the other 
 bushrangers to fire. Sergeant Condell, in his official 
 report, dated June 23rd, said "The bushrangers were 
 commanded by one man, who gave them orders to 
 fire and load. I believe it to have been the voice of 
 Gardiner, as I know his voice well. I cannot identify 
 any of them with the exception of the voice I heard." 
 Who the companions of Gardiner were was a mystery, 
 even to the police, nor were they at all sure how many
 
 THE EUGOWRA ESCORT ROBBERY. 
 
 247 
 
 had attacked the coach — one report giving thirteen, 
 another twelve, another ten, and others down to four. 
 Captain Brown and Mr. Gold-Commissioner 
 Grenfell were to have left Forbes with the escort, but 
 owing to special instructions from Inspector-General 
 
 GOLD-COMMISSIONER GRENFELL. 
 
 AIcLerie, they started in advance and were some miles 
 further on the road towards Orange when the attack 
 was made. They, therefore, escaped the danger, al- 
 though had they been with the escort as outriders they 
 might have immortalised themselves and saved two 
 men from injury and one man from death, besides pre-
 
 248 AUSTRALIAN BUSHRANGING. 
 
 serving the treasure that was stolen, by attacking the 
 bushrangers from their vantage point on horseback. 
 As it was they had passed through Orange on their 
 way to Bathurst before the news of the robbery had 
 reached that town. 
 
 Some of the newspapers were very severe in their 
 strictures upon the authorities for despatching an 
 escort without a mounted guard, at a time when the 
 roads were infested with daring bushrangers. The 
 Lachlan paper, speaking of the escort, said : — "The 
 people of Forbes feel that these unfortunate men have 
 been handed over to the Philistines, as it were, bound 
 hand and foot, and are persuaded that if the sugges- 
 tions which have from time to time been put forth 
 from this locality had been adopted, the sacrifice, 
 pecuniary or otherwise, which we are now called upon 
 to make, might have been prevented. The mode in 
 which the escort business is conducted is neither more 
 nor less than a premium upon crime. The coach 
 with its four guards, cooped up in a box, containing 
 the precious treasures of the Lachlan, is, to all intents 
 and purposes, a locomotive advertisement to the vile 
 and the criminal, to avail themseJ^'es of a splendid 
 harvest ; and that the invitation has ueen responded to 
 is no matter of astonishment to anyone at all convers- 
 ant with the facts of the case. True to its instincts of 
 plunder and profit, villainy has done its best anu its 
 worst, and if it had rested in a state of inaction, with 
 such prospects of success, the circumstance would 
 have been something little else than wonderful. . . . 
 Of what mortal use, pray, as a fighting body, are four 
 men stuck in a wooden frame, in two rows, with their 
 firelocks in their hands, as if placed there for the ex-
 
 THE EUGOWRA ESCORT ROBBERY. 249 
 
 press purpose of shooting only in one direction, or of 
 being shot down? . . . Under such circumstances 
 bravery is of little avail, the assailants taking good 
 care that the advantages shall be on their side, both as 
 regards number, position, and the first volley. The 
 mechanism of the escort requires alteration, and until 
 it is remodelled and strengthened, we consider neither 
 the persons nor the property in charge of the escort 
 safe, after the excitement caused by the present on- 
 slaught has subsided." This was but an echo of the 
 strong denunciations which sounded through the 
 colony, and there were many sympathisers with the re- 
 mark of poor Haviland's, that he would not again do 
 duty as escort constable unless a mounted guard ac- 
 companied the coach. 
 
 That the authorities heard and heeded these de- 
 nunciations, may be gathered from the following in- 
 spired paragraph which appeared in the "Sydney 
 Morning Herald" within a week after the robbery : — 
 
 A very large quantity of gold is accumulating in the 
 banks at the Lachlan, in consequence of the insufficiency of 
 the escort guard. The Oriental Bank alone has upwards of 
 13,000 ounces waiting to be forwarded to Sydney. The Go- 
 vernment have lost no time in taking the necessary steps to 
 provide an efficient escort, and they have given instructions 
 to the Inspector-General of Police to provide suitable 
 vehicles, to be built in this colony, for carrying out the object. 
 It is intended to have an advance and rear guard mounted. 
 In addition to this there will be three guards with the coach- 
 man, riding in the vehicle. The vehicles will be so constructed 
 that no passengers can be taken. Two of the guards will be 
 seated with their backs to the driver, and the other by his 
 side. 
 
 But not even the presence of a mounted guard 
 was sufficient to deter bushrangers from making an 
 attack, when they had become emboldened by the re- 
 peated failures of the police to capture them. In fact,
 
 250 AUSTRALIAN BUSHRANGING. 
 
 it seemed to be the height of their ambition to "stick- 
 up" the troopers, either singly or in company, strip 
 them of their Government arms, and send them back 
 to "report progress." They would not think of taking 
 the Government horses, for these animals were such 
 as no good bushranger would think of riding. Times 
 without number the criminals owed their escape from 
 arrest to the weak-kneed and bad-winded horses rid- 
 den by their pursuers ; and in straight chase it was in- 
 variably a case of reporting, "Troopers' horses 
 knocked-up ; bushrangers escaped." 
 
 It was so in this case. Sir Frederick with his 
 force did not tarry long at the vacated camp, but 
 pushed on through the bush, led by the black trackers, 
 who, once fairly on the scent, would undoubtedly have 
 run the quarry to earth if the horses had held out ; 
 but there was a break in the chase just at the time 
 when close following was necessary, and some of the 
 party had to return to Forbes to obtain fresh animals, 
 theirs having knocked up. These men reported that 
 the tracks had been followed to within a short distance 
 of Finn's public house, within ten miles of Forbes ; but 
 that the trackers could only make out the tracks of 
 six horsemen, and these had now been made difficult to 
 follow by heavy rain which had set in. 
 
 Meanwhile the Inspector-General had been moved 
 to greater activity, and inspectors and superintendents 
 in the force stationed in other districts were ordered 
 out in pursuit. ]\Ir. Superintendent Morrissett with 
 six troopers went from Bathurst, Captain Battye and 
 some of his men started from Yass, and all converged 
 to the conmion centre, which had been made the chief 
 point of interest to every individual in the colony.
 
 THE EUGOWRA ESCORT ROBBERY. 251 
 
 As soon as the Government had received particu- 
 lars of the robbery, they caused the following notice 
 to be published : — 
 
 MAIL AND ESCORT ROBBERY. 
 
 £1000 REWARD AND PARDON TO AN ACCOM- 
 PLICE. 
 
 Whereas it has been represented to the Government that 
 on the afternoon of the 15th instant the Gold Escort from the 
 Lachlan was attacked on the road between Forbes and 
 Orange by a band of armed men, said to be ten in number, 
 and described as dressed in red shirts, red caps, with their 
 faces blackened, who fired on and wounded the police form- 
 ing the guard, opened the Mail Bags and Letters and carried 
 off a large amount of Gold Dust and Money: Notice is hereby 
 given that a Reward of £100 will be paid by Government for 
 such information as shall lead to the Apprehension and Con- 
 viction, within six months from this date of each of the 
 guilty parties; and a Pardon will also be granted to any ac- 
 complice in the above outrage who shall first give such infor- 
 mation. CHARLES COWPER. 
 
 Colonial Secretary's Office, Sydney, 17th June, 1862. 
 Shortly after starting. Sir Frederick had divided 
 his party, placing Sergeant Sanderson (now superin- 
 tendent of the force at Bathurst) at the head of four 
 men and a black tracker, and leading the other division 
 himself. The sergeant was quite up to his work, and 
 from his intimate knowledge of the district and of the 
 men in it who were suspected of being bushrangers or 
 friends of bushrangers, he was able to shape a course 
 that promised to be more effective than that pursued 
 by his superior officer. Proceeding to the river he 
 camped with his men until daylight appeared and then 
 instituted a search for tracks on either side for a dis- 
 tance of about 20 miles along the river's course. Not 
 finding tracks he was satisfied that the escort robbers 
 had not yet crossed the river, and he at once pushed 
 on through the bush toward the Weddin Mountains, a 
 Q
 
 252 AUSTRALIAN BUSHRANGING. 
 
 locality which he knew was resorted to by the district 
 banditti as a safe refuge. 
 
 Early on Thursday morning the pursuers reached 
 Wheogo, and as they were now in a district where 
 bushrangers were thought more of than the police, 
 they became even more cautious and watchful. As 
 they reached Ben Hall's house, the black tracker saw 
 a horseman coming down a ridge of the mountain, 
 and immediately pointed him out to the sergeant. 
 
 But as the tracker saw the horseman, the horse- 
 man saw the tracker. The former turned upon his 
 tracks, and in haste sped back by the way he came. 
 This decided the sergeant, who at once gave the order 
 to gallop, and away went the party, the blackfellow 
 leading, to the spot where the horseman had first been 
 seen. The latter had by this time disappeared from 
 sight, but the tracks of his horse remained, and were 
 followed by the police with the utmost eagerness ; for 
 his behaviour clearly indicated that he was either a 
 bushranger or a "bush telegraph," or scout ; and if the 
 latter, his trail would certainly lead to those on whose 
 service he was engaged. It was a keen chase and a 
 long one, and, to the joy of the pursuers, proved par- 
 tially successful. They did not catch the robbers, 
 certainly, but at least compelled them to abandon a 
 large portion of the stolen gold. 
 
 For miles the police pressed forward, feeling the 
 inefficiency of their steeds, which had already done 
 good work, for this new task, and dreading that they 
 would "knock-up" before the bushrangers had been 
 warned. Right up the high mountain they pressed 
 for about four miles, at one time nearly losing the 
 track on the edge of a deep creek. They had traced
 
 THE EUGOWRA ESCORT ROBBERY. 
 
 253 
 
 the horse to the very edge ; here the tracks suddenly 
 disappeared, and the pursuers came to a stand, think- 
 ing that the man must have jumped into the creek. 
 Close search on the other side, however, showed that 
 the horse must have cleared the creek at a bound, for 
 there his tracks were again taken up ; the chase was 
 resumed with redoubled vigour, and followed until the 
 tracks led the party to a camp, which had evidently just 
 been abandoned in a great hurry. The fire was still 
 
 BUSH TELEGKATH. 
 
 smouldering; there was some tea in a "billy" ready 
 made and nicely warm, and bread and beef just set out 
 for the meal, not to mention empty gin and wine 
 bottles ; while various articles of bedding" — not spring 
 mattresses and feather pillows, but blankets and a rug 
 — were scattered about just as the sleepers had thrown 
 them off before preparing the meal which had been so 
 rudely disturbed. Here also was found an envelope 
 bearing the Burrowa postmark, and a pair of gold
 
 254 AUSTRALIAN BUSHRANGING. 
 
 scales. This showed the sergeant clearly that he was 
 on the right track, and that at this spot the stolen gold 
 held been divided. Near the camp were marks show- 
 ing where horses had been tied up to trees. 
 
 It was not difficult for Charlie, the tracker, to pick 
 up the trail and lead his party in furthur pursuit, for 
 the police did not waste time in partaking of the meal 
 so kindly left in readiness. Five horses had started 
 from the camp on the opposite side, and were found to 
 be making for some dense pine scrub on the west of 
 the Weddin Mountains. The trail was an easy one to 
 follow, being so freshly made and consisting of the 
 impress of twenty hoofs ; and Charlie had no need to 
 steady his pace in order that he might not override it. 
 It was a case of full speed now, and the well-ridden 
 troop horses were called upon to do heavier duty than 
 usually fell to their lot ; for the country was very rough 
 and not pleasant even for easy pacing. 
 
 This broad trail was followed for a long time, till 
 the party entered a dense pine scrub, and the black- 
 fellow called out "Me see him." The pursuers 
 charged after, but the fellows ahead were too quick, 
 and making a short turn through the pines were lost 
 to sight. In following on, however, the police saw a 
 riderless horse, and, thinking this might be some ruse, 
 separated, took what cover they could find, and cap- 
 tured the horse. It turned out to be the bushrangers' 
 pack horse, laden with a costly treasure, some 1200 or 
 1500 ounces of gold. The gold was in four bags 
 lashed to a trooper's saddle ; there were also two car- 
 bines strapped to the saddle. From this point the 
 tracks of only four horses were found, and these were 
 followed all round the Weddin till it got dark ; then
 
 THE EUGOWRA ESCORT ROBBERY. 255 
 
 the party made the best of their way to Forbes, where 
 they arrived on the following Saturday, and gave up 
 the recovered treasure to the authorities. Had their 
 horses not been so thoroughly knocked up the trail 
 might have been kept longer ; but they did well to 
 secure the gold, as it was evident there were four bush- 
 rangers, all mounted on first-class horses ; indeed, the 
 horse that was first seen was a splendid animal, and 
 the creek it leaped was some twelve or fifteen feet wide. 
 
 This Weddin range was a most secure place for 
 hiding, and had been so used some 23 or 24 years be- 
 fore, when Scotchey and Witton were out. It was said 
 that th'^re was a cave somewhere there which these 
 men made use of; and as the situation commanded the 
 main roads to the diggings both at Burrangong and 
 the Lachlan, it was suggested that a police station 
 should be formed there. 
 
 Pottinger and his men continued the search in an 
 opposite direction for some 200 miles, not having 
 heard of Sanderson's success. The tracks of five riders 
 and two pack horses led towards the Riverina district ; 
 and from a point there Pottinger reported that he was 
 still in pursuit, believing that the robbers had made 
 for Victoria, and had escaped across the border on 
 fresh horses ; but as he had a black tracker with him 
 he felt sure that he would soon catch them. About 
 70 miles from Narrandera, Messrs. Clements, Crop- 
 per, and other residents of the Lachlan district, who 
 had volunteered for duty in assisting to track the rob- 
 bers, abandoned the chase, leaving Pottinger and two 
 others only to continue it. 
 
 That they were on the proper scent was proved 
 to the authorities in Sydney by a piece of news which
 
 256 AUSTRALIAN BUSHRANGING. 
 
 was circulated through the medium of one of the 
 papers on the goldfields, in the following paragraph : — 
 From a gentleman who arrived in Forbes, with Cobb and 
 Co.'s line of coaches overland from Victoria, we learn that 
 they met five or six mounted men, armed, and one of them 
 leading a pack horse, so heavily loaded as to attract the at- 
 tention of himself and one or two others who were riding in 
 front of the leading coach. There was something so un- 
 usual in the style of the outfit and general appearance of the 
 party, that one of the Victorians who had formerly been con- 
 nected with the detective force in that colony remarked to his 
 comrades that, if in his former position, he should have at 
 once proceeded to overhaul the travellers on suspicion of 
 something wrong; and it happened, moreover, that the front 
 party, armed to the teeth with rifles and revolvers, could well 
 afford to take such a step. As the mounted men neared the 
 coaches, one of them, apparently the leader, rode up to the 
 foremost coach, and, in an evidently disguised tone of voice, 
 addressed a few words to one of the party. He said as little 
 as possible, however, and as speedily as convenient, and with 
 an evident desire of shrinking from too close observation, 
 glided onwards, and with a species of deliberateness, which 
 was especially remarked, looked into all the coaches, eight in 
 number, as he passed by, as if for the purpose of overhauling 
 the passengers. From the description given of the traveller- 
 chieftain by one of our informants, who was well qualified 
 from habit to note personal peculiarities, and whose eyes had 
 evidently taken in the whole man, we have no doubt that he 
 had seen and spoken to Gardiner. His height, build, com- 
 plexion, demeanour, the scar on his left eye, and other par- 
 ticulars were scanned, the only discrepancy being in the 
 beard, which had been shaven under the chin. On the fol- 
 lowing day our travellers met Sir Frederick Pottinger and his 
 troopers, from whom they gleaned the first intelligence of the 
 escort robbery, and to whom they communicated the facts 
 now stated. Upon their information, the inspector and his 
 police pressed on, and with a little good luck and good man- 
 agement combined, will probably be enabled to give a good 
 account of the fugitives on their return. 
 
 Just about this time also the authorities awoke to 
 the necessity of preserving secrecy concerning the 
 movements of gold escorts, and solemnly commanded 
 the sergeants in charge not to communicate to any 
 person the amount of treasure that they were about to 
 convey from the diggings.
 
 THE EUGOWRA ESCORT ROBBERY. 257 
 
 On July 7th, after being three weeks on the hunt, 
 Sir Frederick Pottinger's hopes were raised to the 
 highest pitch by an adventure on the road near Nar- 
 randera with a party of travellers. The two gentle- 
 men remaining with him were Mr. Mitchell, who had 
 served as C.P.S. at Forbes, and Detective Lyons. 
 After the other volunteers had departed these three 
 still followed up the tracks, making inquiries on their 
 route at several station.«i until they reached Hay. Here 
 they came to the conclusion that it was useless to fol- 
 low that course any further, and resolved to retrace 
 their steps, although they were still tolerably certain 
 that a section of the robbers had crossed the border 
 into Victoria with part of the booty. On Monday, 
 30th June, therefore, they turned back, and on the fol- 
 lowing Monday had just left the Merool Station, where 
 they had called for refreshment, when, about half-past 
 one o'clock, and just as they had lost sight of the 
 place, they met three well-dressed young fellows, 
 booted and spurred, with close-fitting breeches, turn- 
 down collars, and cabbage-tree hats, all well mounted 
 and leading three horses. 
 
 Mr. Mitchell, who first addressed them, asked 
 how far they had come, and was answered that they 
 had left Lambing Flat three days before. As they ap- 
 peared anxious to push on, Mr. Mitchell returned with 
 them until they met Sir Frederick, who was about 200 
 yards behind. *'By-the-bye," said Sir Frederick, 
 "that's a good horse you are riding; can you show a 
 receipt for him?" "Oh, yes," said the man addressed, 
 "here's a receipt." At the same time he let go the 
 horse he was leading and put his hand into his waist- 
 coat pocket, as though searching for the receipt ; but
 
 2S8 AUSTRALIAN BUSHRANGING. 
 
 all the while he kept edging his horse round to get on 
 the other side of his interlocutor, and followed up the 
 pack-horse, which was heading ofif the road. Sud- 
 denly he seized the halter of the pack horse, put spurs 
 to his own horse, and galloped ofT into the bush at top 
 speed. Sir Frederick, who had observed the whole 
 movement with suspicion, signalled to Mr. Mitchell, 
 and they simultaneously drew their revolvers and 
 called upon the two men remaining to stand, declaring 
 that if they moved an inch they would send a bullet 
 into them. 
 
 The two stood still, and Detective Lyons rode up 
 and at once secured them with handcufifs. On one of 
 the prisoners, who gave his name as Charles Darcey, 
 or Dacey, the sum of £2 15s was found ; on the other, 
 who called himself Henry Turner, £153, in which 
 there were no notes of the Commercial Bank. Upon 
 the horse which Turner was leading a small sack was 
 found, which contained no less than 213 ounces of 
 gold. 
 
 The police had made a "haul," even if the men 
 could not be proved escort robbers ; and in much jubi- 
 lation Sir Frederick took the prisoners back to the 
 station which he had just left and sent word of what 
 had happened to Deniliquin, Wagga Wagga, and 
 Sydney. 
 
 On the following morning a start was made with 
 the prisoners towards Forbes, some 150 miles distant. 
 They were very communicative, and did not appear 
 to be much put about by their arrest. Turner said 
 that the man who had bolted carried the firearms, two 
 loaded revolvers, and that they had made him cashier. 
 The march was continued all that dav and the next
 
 THE EUGOWRA ESCORT ROBBERY. 
 
 259 
 
 (Wednesday) until about one o'clock, when the party 
 reached Mr. Sprowle's station, on the Levels. De- 
 tective Lyons was in advance, conducting the prison- 
 ers, both manacled, and with their horses (now even 
 
 SIR FREDERICK POTTINGER. 
 
 worse than those ridden by their captors) tackled to- 
 gether. Sir Frederick and Mr. Mitchell followed, 
 about ten or a dozen yards in the rear. Suddenly 
 three men on foot, with red skull caps and faces black- 
 ened, and armed with double-barrelled guns, emerged
 
 200 AUSTRALIAN BUSHRANGING. 
 
 from the bush in front of Lyons, and shouting "Bail 
 
 up, you ," immediately fired upon him. The shot 
 
 took eflFect in the horse's neck ; the animal reared and 
 threw Lyons, who was trying to get at his revolver. 
 It then bolted into the bush, Lyons following it, minus 
 his revolver, and under the fire of the rescuers. Simul- 
 taneously with this attack four other rufifians wheeled 
 out of ambuscade, with military precision, in front of 
 Pottinger and Mitchell, and fired at them, the leader 
 
 shouting "I know you, you Pottinger; I'll put a 
 
 pill through you, you ." Both Pottinger and 
 
 Mitchell fired in return two or three shots, but the 
 odds against them were too large, for the bushrangers, 
 in addition to being superior in number, had spare 
 arms at their disposal, although they had no horses. 
 The fact that no one was injured is, however, pretty 
 good proof that they were not expert marksmen. Sir 
 Frederick and Mitchell, after each discharge of their 
 revolvers, would wheel and gallop a little distance, re- 
 ceiving fire as they retreated, and then return to fire 
 again. Thus matters went on, when Pottinger and 
 his companion, finding that their ammunition was 
 getting short, began to look out for a clear track away. 
 As the firing from the bushrangers also began to lessen 
 Mitchell proposed to rush upon them ; but Sir Freder- 
 ick demurred, alleging that such a course would per- 
 haps result in the loss of the gold, which he had 
 secured upon his horse. Accordingly they turned 
 and galloped away, leaving the bushrangers masters 
 of the field, and their late prisoners free. 
 
 With all haste they returned to the station at 
 which they had camped the previous night, known as 
 "Little George's," some twelve or thirteen miles dis-
 
 THE EUGOWRA ESCORT ROBBERY. 261 
 
 tant, which they reached in about 40 minutes. Evi- 
 dently they could ride well if they could not shoot 
 straight- — although Mitchell lost his hat and revolver 
 on the road. Here they remained until evening, re- 
 cruiting and devising plans for the future. Nothing 
 had been heard or seen of Lyons since his run after 
 his horse ; so, fearing that he had fallen into the hands 
 of the bushrangers, they returned by moonlight to 
 Sprowle's, taking a different road, and approaching 
 the house from the opposite side. Here they learned 
 that Lyons was safe and sound in wind and limb, and 
 that he had gone out with Mr. Sprowle to search for 
 them, expecting to find their dead bodies in the bush. 
 They waited, therefore, for the absentees, and on their 
 return engaged in mutual congratulations. 
 
 They now ascertained that the rescuers had 
 waited near the road for them to come up with their 
 prisoners, after having tied their horses to the garden 
 fence, and cautioned two females, the only occupants 
 of the house at the time, not to venture out lest they 
 might be shot. They had also bailed up two travel- 
 lers and forced them to lie on their faces until the 
 police arrived. These men declared that each of the 
 bushrangers carried two double-barrelled guns and 
 two revolvers. The horses had broken away when 
 firing commenced, and to this fact, no doubt, Sir 
 Frederick and Mitchell owed their escape ; for the 
 bushrangers, knowing that they had the gold, would 
 certainly have followed them and the treasure if horses 
 had been available. Sir Frederick afterwards declared 
 that he had wounded one of the men and that he heard 
 one calling out for horses, saying they would "never 
 be able to take the police without them,"
 
 262 AUSTRALIAN BUSHRANGING. 
 
 Mr. Sprowle had heard the band swear that Sir 
 Frederick should never take the gold to Forbes ; and 
 a carrier who was "stuck up" on the road subse- 
 quently, for provisions, by five men, positively declared 
 that one of them was Gardiner, and that it was he who 
 had endeavoured to "put a pill" through the superin- 
 tendent. 
 
 Sir Frederick and his party, of course, realised 
 the necessity of getting away as speedily as possible, 
 for at any moment the bushrangers might return and 
 rescue the gold as easily as they had rescued Darcey 
 and Turner. Accordingly, in the dead of a dark, cold, 
 and rainy night, they quietly sallied forth, and pro- 
 ceeded with Mr. Sprowle as their guide to Beckham's 
 station at Narraburra, reaching it at 3 o'clock next 
 morning. 
 
 Here the gold was planted safely, and the party 
 prepared to defend the place against the attack, of 
 which they were in constant dread. As soon as he 
 arrived Sir Frederick despatched a special messenger 
 to Captain Battye, at Lambing Flat, for an escort. 
 The captain could only muster five troopers at the 
 Flat, and immediately telegraphed to head quarters; 
 and having, late at night, succeeded in getting nine 
 men together, despatched them to the station one after 
 another, in order to evade observation on the journey, 
 himself bringing up the rear. A short distance from 
 the township he overtook the troopers, organised 
 them, made all haste to Beckham's, where they arrived 
 on Friday — to the great relief of Sir Frederick and 
 his companion, who had been in hourly dread of los- 
 ing the gold. 
 
 And now the gold was safe. Two troopers were
 
 THE EUGOWRA ESCORT ROBBERY. 263 
 
 sent on 20 or 30 yards in advance, two sent back to 
 the rear, a native tracker was stationed with two 
 troopers on each flank, from 40 to 50 yards distant. 
 Captain Battye, Sir Frederick, Mr. Mitchell and De- 
 tective Lyons rode in the centre, and thus the party 
 proceeded without molestation to Forbes by easy 
 stages, reaching that township on Monday morning. 
 
 Meanwhile the bushrangers had entirely disap- 
 peared, and jocular people spread the report that they 
 had retired to "recruit and devise plans" for attacking 
 every police station in the colony in turn. It was 
 somewhat mortifying to Lyons to know that the notes 
 (£115), which had been found upon Turner, had dis- 
 appeared with his horse when he fell off, and that the 
 bushrangers had regained possession of them. 
 
 A few days afterwards a man named Darcey was 
 arrested by Trooper Flanagan at Murrumburrah, and 
 the week following a man named Turner was arrested 
 at Yass. Who they really were and what became of 
 them will be seen as the story proceeds. 
 
 Meanwhile Sergeant Sanderson had been busy in 
 a locality nearer home, and had arrested three men, 
 named Patrick O'Meally, John O'Meally and — Trot- 
 ter, at Forbes, on suspicion of being concerned in the 
 robbery ; and they were held under remand with the 
 gold, as already described, taken from the men that 
 he had encountered. 
 
 Shortly after this a startling wire reached the 
 colony from Melbourne to the effect that Gardiner 
 had been arrested with two other bushrangers at 
 Grant's station, in Victoria, and that one of the bush- 
 rangers had been shot ; but the falsity of this rumour 
 was made manifest by the report of a somewhat sen-
 
 264 AUSTRALIAN BUSHRANGING. 
 
 sational encounter between Gardiner and Sir Frede- 
 rick Pottinger and Senior-Sergeant Sanderson, near 
 Wheogo. The particulars of this encounter may be 
 given in Sir Frederick's own words, and here is his 
 story : — 
 
 On Sunday morning at half-past 3, said he, I apprehended 
 a youth named Walsh at the residence of his brother, at 
 Wheogo; being aware that Frank Gardiner, the bushranger, 
 was enamoured of Mrs. Brown, and believing that he would 
 take advantage of her husband's absence to tender his ad- 
 dresses, I proceeded on Saturday with eight men to the 
 premises; I arrived at 12 p.m., and leaving four of the men in 
 charge I went with Senior-Sergeant Sanderson and Trooper 
 Holster to watch the place; I subsequently sent Sub-Inspec- 
 tor Norton and Trooper Holster to guard the front while 
 Senior-Sergeant Sanderson and I hid ourselves in the bush; 
 we discovered the house dark and silent as though everybody 
 was asleep; after about half an hour we saw a light struck 
 and in a few minutes a woman made her appearance and com- 
 menced to collect wood for the purpose of making a fire, but 
 neither Sergeant Sanderson nor I could identify the woman, 
 as we were concealed at a distance of 150 yards from where 
 she was standing, in a thick pjne-tree scrub; it might be 20 or 
 25 minutes after my seeing the woman that I observed a man 
 mounted on a white horse approaching Brown's house at a 
 quiet pace, upon which I called upon Sanderson to fall back, 
 and we did so to our original position; suddenly the noise of 
 horse's hoofs sounded nearer and nearer, when I saw Gardi- 
 ner cantering leisurely along; I waited until he came within 
 five yards of me, and levelling my carbine at him across his 
 horse's shoulder (the weapon, I swear, being about three 
 yards from his body) I called upon him to stand; I cannot be 
 mistaken, and on my oath I declare that the man was Frank 
 Gardiner; deeming it not advisable to lose a chance I pre- 
 pared to shoot him, but the cap of my piece missed fire; 
 Gardiner's horse then began to rear and plunge, and before I 
 had time to adjust my gun, he had bolted into the bush; as 
 Gardiner was riding away on the back of the frightened ani- 
 mal. Sergeant Sanderson fired at him, as also did Holster; I 
 called out to those who could hear me to "shoot the wretch." 
 Gardiner, however, made his escape; we then proceeded to 
 Mrs. Brown's house, and having seen her she frankly ad- 
 mitted that Gardiner had been at her place; I saw a bed made 
 upon the sofa, and a four-post bedstead with a bed upon it 
 in which two persons had been reposing; the boy Walsh was 
 in it asleep and he declared that he had heard no noise and
 
 THE EUGOWRA ESCORT ROBBERY. 
 
 265 
 
 did not know what had happened; he had lodgings at his 
 mother's and was not obliged to sleep where he was found; I 
 immediately arrested him; on the table in the kitchen I saw 
 the debris of a supper, a bottle of gin, a flask of powder and 
 a box of revolver caps; some few days ago I received in- 
 formation that Gardiner had been seen, accompanied by a lad 
 answering the appearance of Walsh, near to Mrs. Walsh's 
 residence, and that while a man named Humphreys was stuck- 
 up on the road a youth like Walsh held Gardiner's horse 
 while he perpetrated the robbery; when I came across the 
 bushranger's camp a short time since I picked up a small 
 
 SENIOR-SERGEANT SANDERSON. 
 
 monkey jacket, only large enough for a boy to wear; Walsh 
 says he is 17 years of age, but I don't think he is more than 
 15; I may add that the gun missing fire was purely an acci- 
 dent, as Sergeant Condell, when he loaded it, took every pre- 
 caution to prevent the misadventure. 
 
 But another version of the story, differing in some 
 
 important particulars from that given by Sir Frederick, 
 
 gained currency at the time. It was to the effect that 
 
 Gardiner was actually in bed in Mrs. Brown's house
 
 266 AUSTRALIAN BUSHRANGING. 
 
 when the troopers surrounded the place ; and one of 
 the district papers closed the account of the affair 
 given in its columns by expressing astonishment that 
 ten men, all fully armed, should let one man escape, 
 when that man was in the house, and asking "Was 
 there not gross mismanagement somewhere?" It 
 may be remarked that the men who were with Sir 
 Frederick never had their bravery questioned ; but 
 they were under orders, and could not move a finger 
 to intercept the King of the Road until the order was 
 given. When that order was given their chance was 
 gone. The leader had taken all the chances, and had 
 missed his throw. Those whose duty it was to stand 
 idle while he acted cannot be blamed for failure if the 
 word to "shoot the wretch" came to them after the 
 "wretch" had fiown. 
 
 It was reserved for Senior-Sergeant Sanderson 
 to score the second success, as he had scored the first. 
 He knew the field over which he was working and the 
 men who lived on that field ; and quietly, but effec- 
 tively, he carried on his work. Proceeding to Whe- 
 ogo he arrested, on suspicion of cattle stealing, several 
 well-known characters, amongst them being John 
 McGuire (quartz miner), Benjamin Hall (labourer), 
 John Brown (labourer), Daniel Charters (labourer), 
 and William Hall (miner), the whole of the men, with 
 the exception of the last-named, being residents of 
 Wheogo. Upon one of the men some notes were 
 found which were claimed by William Hall, but as 
 they appeared to correspond with a portion of the 
 money stolen from the escort, the men, when brought 
 up at Forbes, were charged with being concerned in 
 the escort robbery. After evidence of the arrest had
 
 THE EUGOWRA ESCORT ROBBERY. 267 
 
 been given, Sir F. Pottinger, who had charge of the 
 case, appHed for a remand for seven days, in order to 
 enable him to produce an important witness to identify 
 the notes. 
 
 Mr. Redman, who appeared in the defence, ap- 
 pHed to Sir F. Pottinger for a copy of the warrant 
 under which the prisoner Hall was proceeded against, 
 as he intended to make an application to the judges of 
 the Supreme Court in Sydney for an opinion regard- 
 ing the legality of the proceedings taken by the police 
 in this instance. 
 
 Sir F. Pottinger objected to the prisoners being 
 allowed bail, as it would interfere with any future steps 
 he might think it requisite to take. He said it was 
 through the circumstance of Gardiner being allowed 
 bail, when at Lambing Flat, that he had escaped the 
 law so long. Had he been detained two days longer 
 it would have been proved that he was a prisoner of 
 the Crown at large. As it was, he had since com- 
 mitted deeds which have made him notorious. He 
 protested against bail being taken for the appearance 
 of any of the prisoners, excepting the prisoner Daniel 
 Charters, of whom he had nothing to say. He pro- 
 mised that the copy of the warrant applied for by Mr. 
 Redman should be forthcoming within the twenty- 
 four hours. 
 
 The prisoner, Daniel Charters, was then admitted 
 to bail in two sureties of £250 each, and his own 
 recognisance of £500, to appear when called upon, 
 and the other prisoners were remanded. 
 
 And now occurred a fresh and altogether unex- 
 pected development. Charters sent for Sergeant 
 Sanderson, and made a confession to him, which, 
 
 R
 
 268 AUSTRALIAN BUSHRANGING. 
 
 while it exonerated some of the men who had been 
 arrested with him, incriminated himself and a number 
 of others upon whom suspicion had not fallen. These 
 were Alexander Fordyce, John Bow, John McGuire, 
 and John O'Meally ; and Sanderson lost no time in 
 securing the three first named, and lodging them in 
 the lock-up at Forbes. As it happened, another of 
 the men named by Charters was at the time in cus- 
 tody — the man who had been rescued from Pottinger 
 near Narrandera, who had given his name as Turner, 
 but whose proper name was Manns, and who had 
 been re-arrested shortly after his escape. Charters 
 also named eight men, including Gardiner, all well- 
 known to the police, who could not be secured just 
 then. 
 
 Fordyce, Bow, McGuire, and O'Meally were 
 charged at the Forbes Police Office, and remanded to 
 Bathurst for a further and fuller hearing. That hear- 
 ing took place before Dr. Palmer, P.M., and Messrs. 
 Hawkins and Clements, J.'sP., but as the case was 
 heard with closed doors the evidence was not pub- 
 lished. The result was a further remand, and the re- 
 lease of one of the prisoners, O'Meally, on bail, thus 
 indicating that more had been proved against the 
 others than against him. During the week McGuire, 
 Fordyce, and Bow were again brought up and fully 
 committed to take their trial at the next Bathurst Cir- 
 cuit Court, or at such other court as her Majesty's 
 Attorney-General might direct. This occurred in 
 October, 1862, the prisoners having been already 
 three months in custody. 
 
 Now at this time three men were awaiting their 
 trial in Bathurst Gaol for the attempted murder of a
 
 THE EUGOWRA ESCORT ROBBERY. 269 
 
 storekeeper named Stephens, at Caloola, about 18 
 miles from Bathurst, they having "stuck-up" the store 
 and shot the owner in a most brutal and cowardly 
 manner. There were also half-a-dozen other high- 
 waymen under committal for bushranging, and fresh 
 robberies under arms in the district were being re- 
 ported almost every day. It was natural, therefore, 
 that Bathurst people should feel a concern bordering 
 upon alarm, and manifest anxiety to have the daring 
 criminals already in custody promptly dealt with. It 
 was, therefore, agreed by a number of influential gen- 
 tlemen of the town that a petition should be got up 
 and forwarded to the Government, praying that the 
 prisoners who had been committed at Bathurst for the 
 base outrage upon Mr. Stephens, of Caloola, might be 
 tried by special commission with as little delay as pos- 
 sible. This course, it was believed, would carry a 
 warning voice to the villains who were infesting the 
 western country. A petition was accordingly for- 
 warded, and the Government at once fixed 2nd Feb- 
 ruary proximo for the trial of the prisoners, but or- 
 dained that the commission should sit at Sydney in- 
 stead of Bathurst. The Government acted in this 
 matter so as to carry out the suggestion for the benefit 
 of the country at large. Mail robberies and other 
 depredations under fire-arms were being committed 
 in other parts of the country ; and it was therefore de- 
 termined that the principal cases of this character 
 should be disposed of at one and the same special 
 sitting. 
 
 The Bathurst people, of course, viewed this 
 change of venue with great disfavour, and loudly pro- 
 tested against the trials being heard in Sydney, chiefly
 
 270 AUSTRALIAN BUSHRANGING. 
 
 on the grounds that the prisoners would have greater 
 chances of acquittal before a Metropolitan jury, who 
 knew nothing of bushranging save by name, and that 
 the expense to the witnesses who must perforce leave 
 their homes and dance attendance upon the Metro- 
 politan Court, perhaps for a fortnight, would be more 
 than many of them could well bear. 
 
 The protest, however, was inefifective, and in due 
 course the prisoners were removed by coach from 
 Bathurst gaol to Sydney. They crossed the moun- 
 tains under a strong escort, several armed foot police 
 being inside the coach with them, while a strong guard 
 of mounted troopers, under the command of Sub- 
 Inspector Sanderson (who had been deservedly pro- 
 moted) and Sub-Inspector Orridge, accompanied the 
 party. Fordyce, Bow, Manns, alias Turner, and Mc- 
 Guire were charged with the escort robbery ; Alexander 
 Ross, Charles Ross, and William O'Connor with the 
 Caloola outrage ; and three other men, Healy, Mac- 
 Kay, and Williams, with acts of highway robbery. 
 
 The arrival of bushrangers in the capital of the 
 colony caused a great stir, and, to judge from the con- 
 duct of not a few, the criminals were regarded as 
 veritable heroes. That this sort of hero-worship ob- 
 tained largely in Sydney as well as in the bush was 
 very clearly manifested during many subsequent trials. 
 
 About this time the following notice appeared in 
 the "Police Gazette" : — 
 
 PARTICULARS AND DESCRIPTION RESPECTING 
 THE OFFENDERS CONCERNED IN THE ES- 
 CORT ROBBERY COMMITTED ON 15th JUNE 
 LAST. 
 
 I. Frank Gardiner, supposed to have since "cleared out" 
 with Mrs. Brown, in boy's clothes, via Goulburn, for Port- 
 land Bay, where he has two sisters married; he has (it is re-
 
 THE EUGOWRA ESCORT ROBBERY. 271 
 
 ported) since hearing of the apprehension of Bow and 
 Fordyce, returned to the Bland district. 
 
 2. Johnn\' Gilbert, one of the three encountered by Sir 
 F. Pottinger, at Meroo, and who escaped, was some days 
 after the subsequent rescue of his two mates, seen to pass 
 down the Meroo Creek, and is now supposed to be with his 
 two aforesaid mates, at or near Kilmore, Victoria, where he 
 has friends. He is a young man, between 22 and 24 years of 
 age, of boyish appearance, five feet seven or eight inches high, 
 between nine and ten stone weight, slight, light brown 
 straight hair, worn long in native fashion,* beardless and 
 whiskerless; has the appearance of a fast young squatter or 
 stockman, and is particularly flash in his address and ap- 
 pearance. 
 
 3. Charlie, surname unknown, but believed to be a 
 younger brother of John Gilbert. He was one of the two 
 prisoners rescued by seven men from Sir F. Pottinger at 
 Spreol's station; he gave at that time the name of Turner. 
 He is a slight wiry youth, 19 to 22 years of age, about five 
 feet six inches high, nine stone weight, light brown long hair 
 worn native fashion, light eyes, was clean shaved but had in- 
 dications of a strong beard, he likewise appeared to have been 
 shaved around the nape of the neck, his neck is very long, 
 and shoulders narrow and sloping; there was an unusual 
 length in his figure from the crown of his head to the point 
 of his shoulders; he is very active and a good rider, and very 
 flash — half jockey and half stockman. 
 
 4. Bill, surname unknown, believed to be a horsebrcaker 
 from about Burrowa, was rescued from Sir F. Pottinger with 
 Charlie Turner. He is a particularly fine square-built young 
 man, between 23 and 25 years of age, five feet eleven inches 
 or so high, about 11 stone 7 pounds or 12 stone in weight, 
 fresh brown complexion, high cheek bones, brown eyes, dark 
 brown hair, long and wavy, and worn in the native fashion, 
 large mouth with a fine set of teeth, wore a small downy 
 moustache and a tuft on the tip of his chin; apparently a 
 native, but said he was a Yankee, and had come over some 
 years ago in a revenue cutter; had evidently been in New 
 York and was also well acquainted with the Victorian dig- 
 gings; altogether a particularly well-informed, well-spoken 
 young man, but flash; he rode well, and was riding a half- 
 broken thrce-ycar-old, and had all the appearance of a horse- 
 breaker, or fast young native stockman; he is at present sup- 
 posed to be with Johnny Gilbert and Charlie Turner alias 
 Gilbert, at or about Kilmore. At the time of his capture by 
 
 * The young bushmen of those days invariably wore their Iiair long, brushed 
 well behind the ears, well oiled and carefully turned under low down on the 
 neck.
 
 272 AUSTRALIAN BUSHRANGING. 
 
 Sir F. Pottinger he gave the name of Darcey; he had an 
 eruption of boils over his hands and arms. 
 
 5. Harry, surname unknown, a dark sallow man, 25 years, 
 5 feet 9 or 10 inches high, spare built, dark hair and eyes, 
 lately clean shaved, large nose, knocked aside as if broken; 
 supposed to be a bullock-driver from the vicinity of Burrowa. 
 
 On Tuesday, February 3rd, 1863, the Special 
 Sessions was opened, Mr. Justice Wise occupying the 
 Bench, and the Attorney-General with Mr. W. Butler 
 conducting the prosecution for the Crown. 
 
 Manns, Fordyce, Bow, and McGuire were placed 
 in the dock, Mr. (afterwards Sir) James Martin and 
 Mr. Isaacs appearing for the defence. 
 
 After some delays, the procession of witnesses be- 
 gan. Sir F. Pottinger and Inspector Sanderson gave 
 evidence relating to their adventures in search of the 
 gang, while Condell, Moran, and Fagan described the 
 sticking-up at Eugowra. 
 
 Evidence was called to prove the ownership of 
 the gold, also that the rifles and cloak found at the 
 deserted camp belonged to the Queen ; and then came 
 the evidence for which all were anxiously waiting — • 
 that of the approver Daniel Charters. 
 • Having entered the witness-box and been sworn 
 to speak "the truth, the whole truth, and nothing but 
 the truth," Charters proceeded to tell his story, as 
 follows : — I lived at Humbug Creek, on the other side 
 of the Lachlan. On the 12th June last, when I was 
 driving some horses near Mrs. Pheely's station, called 
 the "Pinnacle," I met Frank Gardiner, John Gilbert, 
 and the two prisoners. Bow and Fordyce. Gardiner 
 is a bushranger in that part of the country. Gardiner 
 rode up to me about fifteen yards in advance of the 
 others, and said he wanted me to go with him for a
 
 THE EUGOWRA ESCORT ROBBERY. 273 
 
 few days ; I said I could not, for if seen with him I 
 should be thought as bad as him. He said I must go, 
 as he wanted me to show him the road to some place 
 that he did not name. Gardiner had a double-barrelled 
 gun slung to his horse, and two revolvers on his per- 
 son ; Gilbert and Fordyce were armed also. When I 
 declined going with him, Gardiner put his hand on 
 his revolver, and said, "I've come for you, and you 
 must go." I then went with him towards John Reeve's 
 place. On Friday morning we camped a mile and a 
 half from Forbes, and Gilbert went into the town ; I 
 heard Gardiner tell him to fetch six double-barrel 
 guns, some rations, an American tomahawk, some 
 blacking, some comforters and some caps, and also a 
 flask of powder. Gilbert returned about one or two 
 in the morning with three other men. On the Satur- 
 day morning Gardiner said, "Go on to the 
 Eugowra Mountain," and we camped on Satur- 
 day night between Eugowra and Campbell's. 
 On the Sunday, Gardiner rose early and ordered the 
 arms to be loaded ; I asked him what he was going to 
 do, and he said "You'll see; if Fm lucky Fll stick up 
 the escort." So we crossed the creek, and went on to 
 the Eugowra Mountain, tying up our horses there by 
 direction of Gardiner. We each had a gun ; we went 
 to the large rocks overlooking the road ; Gardiner 
 went down to the road, stepped the distance, returned, 
 and said, "that will do." At about three o'clock some- 
 one said, "it would be a lark to get the escort horses 
 to take them back;" it was then suggested that some- 
 one should go back and look to the horses we had left 
 tied ; I proposed to go back, and after Gardiner studied 
 for a while, he said, "Very well, you go; you're fright-
 
 274 AUSTRALIAN BUSHRANGING. 
 
 ened of your life, and you're the best to go." I said I 
 had never done anything of the kind and did not Hke 
 firing on men who had never done me any harm ; I 
 then went away, leaving seven men at the rocks, of 
 whom Fordyce and Bow were two ; Fordyce was 
 under the influence of drink. I found the horses all 
 right ; while away I heard firing, several discharges ; 
 the men returned with some gold boxes, some rifles, 
 and a cloak ; the gold was placed on horses. I asked 
 Gardiner if anyone was shot; he said, "No, and I'm 
 glad of it ; but if there had been it was their own fault, 
 for I told them to stand, and they fired on me." When 
 the men came back Gardiner said, "Get ready and 
 make for where we camped last night ;" we came on a 
 piece of clear ground about a mile and a half near a 
 creek, when Gardiner said, "We'll stop, open these 
 gold boxes, and lighten the loads of the horses ;" the 
 boxes were opened with a tomahawk ; we all had a 
 hand in the opening; I saw the gold bags and the 
 money taken out of the boxes ; did not notice how 
 many bags there were ; I think there were three 
 parcels; we left the boxes there, and we burnt some of 
 the red comforters which we had used in the attack 
 for disguise ; we packed the gold afresh on one of the 
 escort horses, and on Gardiner's own horse. We 
 then went on. (Here Charters described the route at 
 some length.) We crossed the river about twelve at 
 night ; we did not stay more than two hours ; the 
 registered letters were opened by the light of the fire ; 
 I heard Gilbert say, "Here's £6," as he put some 
 notes into his pocket. After leaving this we went to 
 Newell's, where Harry got some cans of oysters or 
 sardines, two loaves of bread, and some gin ; on leav-
 
 THE EUGOWRA ESCORT ROBBERY. 27s 
 
 ing, Gardiner said, "Go as crooked as you can so as 
 to bother the trackers." We went on by direction of 
 Gardiner till we came within a few (eight or nine) 
 miles of Forbes ; when daylight arrived, Gardiner said, 
 "make for the Wheogo Mountain ;" we went on past 
 Wheogo House, and reached the top of the mountain, 
 where we camped about 2 p.m. on the Monday; this 
 place was about sixty miles from where the robbery 
 was done ; after camping Gardiner went down to some 
 rocks, and brought back a pair of scales, some weights, 
 and some grog; we remained there for that evening. 
 On Tuesday night it rained ; we rigged a tent with a 
 blanket ; we weighed the gold, rigging up three sticks 
 to support the scales ; I assisted along with the others ; 
 as Gardiner weighed the gold, he put it on a news- 
 paper on a sheepskin ; he also counted the notes ; I 
 heard him say there were £3561 in notes ;he weighed 
 the gold of¥ in lots and said, "there were about 22 lbs. 
 weight for each man ;" each man's share was put up in 
 lots ; Gardiner shared out the gold and notes ; we gave 
 the strange men their share, which they packed up 
 and strapped on a police cloak or lining. Gardiner 
 said to Gilbert, "You had better go down to McGuire's 
 and tell him to send me some rations — enough for two 
 or three days ;" Gilbert was away for about two hours ; 
 he returned with some rations in a large dish, and he 
 had a tin can with tea ; after we had something to eat, 
 the three strange men bade us "Good-bye," and went 
 away. We remained at the camp till the Wednesday 
 morning, Gardiner and I never leaving the mountain, 
 but Bow and Fordyce and Gilbert went after the 
 horses on Wednesday and brought them up. On 
 Thursday we got ready to start ; Gardiner said he
 
 276 AUSTRALIAN BUSHRANGING. 
 
 wished he had another pair of saddle bags, and asked 
 Gilbert to go and see if McGuire had some ; he went 
 away, but returned very shortly after in a fright, saying 
 that as he came near McGuire's he saw a lot of police 
 coming from the direction of Hall's towards Mc- 
 Guire's. After that we all got ready to start ; after we 
 got ready, we could hear the tramp of police horses 
 coming up the mountain ; we left the bottles and seve- 
 ral other things ; we had no time to shift them ; we 
 were then five in number — myself, Gardiner, Gilbert, 
 Fordyce, and Bow ; we travelled through some thick 
 scrub, and Gardiner had got ofif his horse to take a 
 drink of spirits and water, when I heard the police 
 horses behind us ; Gardiner was with me ; I looked 
 back, and saw what I thought was a blackfellow on a 
 white horse ; he was about 400 yards behind me ; I 
 could just see him through the scrub ; I pointed him 
 out to Gardiner; he said, "O Christ, here they are;" I 
 then cantered away ; Gardiner called to me not to go 
 that way ; Gilbert went in one direction, Fordyce 
 in another ; Gardiner was prodding his packhorse 
 with the end of his gun to urge him along, till finding 
 he could not get him along he left him ; this was a 
 very scrubby place, close to Weddin Mountains ; Gar- 
 diner galloped after me, and said he had lost the gold, 
 and it was a bad job ; we asked to go back, as they 
 might miss the pack horse ; we turned, and looking 
 through the scrub, saw three men on foot catching the 
 horse. Gardiner then said, "We'll get on to Nowlan's, 
 at Weddin Mountains." When I bade Gardiner "good- 
 bye," he called me back, and said, "here's £50, it's 
 all I can give you now we've lost the gold, and made 
 such a bad job of it."
 
 THE EUGOWRA ESCORT ROBBERY. 277 
 
 In cross-examination by Mr. Martin, Charters 
 said: I have been in the colony about 18 years, and 
 have Hved at Burrowa, where I have a station with 
 300 head of cattle, half of them being my own and half 
 my sister's. I have some land — I cannot say how 
 much — but do not hold a license from the Crown for 
 my station ; there has been no increase in the stock on 
 the station since it belonged to me. The rest of the 
 cross-examination was devoted to various discrepan- 
 cies in his evidence, Charters steadily denying that he 
 took any voluntary part in the robbery or got any of the 
 proceeds. 
 
 The examination occupied a very long time, and 
 his evidence was listened to with the greatest possible 
 interest by all parties in the court. 
 
 The next witness was a man named Thomas 
 Richards, who was called chiefly to prove McGuire's 
 connection with the other prisoners. 
 
 Two minor witnesses followed, and this closed the 
 case for the Crown. 
 
 The defence consisted in an attempt to set up an 
 alibi on behalf of Fordyce and O'Meally. 
 
 The third day was devoted to the delivery of ad- 
 dresses by counsel and the judge's charge. 
 
 Mr. Martin's address to the jury in defence of the 
 prisoners was a very vigorous one. Upon Charters, 
 the approver, he was very severe, ridiculing the idea 
 that he had been pressed against his will into 
 Gardiner's service, and denouncing him as a cowardly 
 accomplice giving evidence in the hope of obtaining 
 the reward. Pointing out contradictory passages in 
 his evidence, he passed on to show that it had not been 
 corroborated, except by another accomplice, Richard-
 
 278 AUSTRALIAN BUSHRANGING. 
 
 son, and to urge that it was therefore not to be be- 
 lieved. 
 
 These addresses were followed by one in reply by 
 the Attorney-General, and by the Judge's summing 
 up; and then the jury retired to consider their verdict. 
 But there was some difficulty in the way, and the 
 twelve "good men and true" could not agree. Hours 
 passed away, and the anxious spectators and the more 
 anxious prisoners were kept in suspense until next 
 morning, when the jury, who had been locked up all 
 night (having told the Judge at midnight that they 
 could not arrive at a verdict), were called into court. 
 
 "Gentlemen of the jury," said the Associate, "have 
 you agreed on your verdict?" 
 
 "No," said the foreman, "and there is no possi- 
 bility of our agreeing." 
 
 His Honour then discharged the jury, and the 
 prisoners were taken back to gaol, there to remain 
 until the authorities were prepared to again place them 
 on their trial. Meanwhile the witnesses were kept in 
 Sydney, hundreds of miles away from home, while the 
 numerous friends of the prisoners who had gone 
 thither to hear the trial also prepared themselves for a 
 lengthened stay. 
 
 But after the lapse of a fortnight the judicial ma- 
 chinery was again set in order, and the three prisoners 
 were again indicted, Manns also being placed in the 
 dock to stand his trial with them. Chief Justice 
 Stephen presided at this trial, which followed much 
 the same course as the previous one. 
 
 The jury retired at a quarter before eight o'clock 
 on Thursday. At a quarter to ten p.m. the Chief 
 Justice returned. Great excitement prevailed about
 
 THE EUGOWRA ESCORT ROBBERY 279 
 
 the doors ; and on the court being opened great eager- 
 ness was exhibited in securing places to hear the finale 
 of the trial. The jury being again brought into court, 
 the foreman said that they had agreed upon a verdict 
 of guilty, on the first count, against Alexander For- 
 dyce, John Bow, and Henry Manns ; and of not guilty 
 as to John McGuire. 
 
 McGuire was then removed from the dock, in 
 custody, the governor of the gaol stating in answer to 
 the Chief Justice that there was another charge against 
 him. 
 
 The three prisoners who had been found guilty 
 were then asked if they had anything to say why sen- 
 tence should not be passed upon them. 
 
 Alexander Fordyce said he was not guilty of 
 wounding at the time of the robbery. 
 
 Henry Manns said he had nothing to say, only he 
 was not guilty of the charge. 
 
 John Bow said the jury had found a verdict of 
 guilty against an innocent man. 
 
 His Honour then, addressing the prisoners Manns, 
 Bow, and Fordyce, said : "It is my painful duty to pass 
 on you sentence of death. Henry Manns, though 
 sorry to add to your distress, I must say that it is im- 
 possible to avoid remarking that you are, by docu- 
 ment before the Court, self-convicted of perjury. Dur- 
 ing the time of your trial the case has been most clearly 
 proved against you. No man can doubt that you are 
 guilty. You have almost intimated a desire to plead 
 guilty ; and that for the purpose of securing the escape 
 of Bow and Fordyce, by asserting that they were not 
 present at the robbery, and having two others ar- 
 raigned in their place, apparently in order to cast dis-
 
 28o AUSTRALIAN BUSHRANGING. 
 
 credit upon the testimony of the present informer 
 (Charters) and having some kind of revenge on him. 
 But of what value would your oath have been when it 
 was known that you stated on oath that if time were 
 given, you could prove by the evidence of your father 
 and three members of your family that you were not 
 the person present at the robbery, nor the person 
 upon whom the gold was found. They have not come 
 forward. They would not perjure themselves. And 
 now as a last resource, you freely admit that you are 
 guilty. The jury were quite entitled to believe the 
 testimony on which you were all three convicted ; and 
 I am informed that the general belief in the country is 
 that the testimony is true. I believe it to be true. 
 There is this wickedness clearly proved against Manns, 
 that he designed by perjury to declare Bow and For- 
 dyce innocent. And as to the crime itself, you must 
 know that no Government on earth having regard to 
 the security and peace of the country, to the lives and 
 property of its unofifending subjects, could extend to- 
 wards it anything like what is falsely called mercy. I 
 agree in the opinion that there is more mercy due to 
 the community, to the helpless and unoffending, than 
 to those who stand convicted of crime. It is too much 
 the habit to lavish pity on criminals, in forgetfulness 
 of the outrages and misery of which they have been 
 the authors. Some consideration is due to the police, 
 who expose their lives in the discharge of their duty, 
 to the interest of the community, in the security of the 
 produce from the gold fields, where there are some 
 rufifians, no doubt, but also many hardworking, honest, 
 industrious men, having wives and children dependent 
 on them. See to what a state of things this lawless-
 
 ,< "If "^^ i) 
 
 '"""^^W f^ 

 
 THE EUGOWRA ESCORT ROBBERY. 283 
 
 ness has reduced us ! Here is a proprietor of cattle, 
 who joined a band of rufifians to rob, to wound the 
 innocent — to kill them, unless merciful Providence 
 had prevented. There is a nest of rufifians about the 
 Weddin Mountains ; and there seems to be scarcely 
 one about that place who is not willing to join robbers 
 in their crime. I believe you to be all three guilty. 
 The jury have found you guilty, and I think they are 
 right. You stand convicted of crime. Can any one 
 doubt the nature of that crime? Is it not a crime de- 
 manding repression by all means at the hands of the 
 Government? For the commission of this crime, 
 seven or eight men banded together. It was long 
 meditated. You came unawares on your fellow men, 
 and shot at them. If they had been dogs they could 
 not have been shot at with more cold-bloodedness and 
 cruelty. Some of them were shot down by men 
 banded together for lawless purposes ; no man could 
 doubt that you deserve the punishment the law afifixes 
 to such an offence. It is not for me to say that the 
 law will take its course ; but I cannot conceive on what 
 ground the judge could say that such a sentence would 
 not take its course. If mercy is to be shown in such 
 cases, the law ought to be altered, and then there will 
 be an end of all society ; it would then be simply the 
 rule of force ; the strongest would take from another 
 whatever he chose. I believe the punishment to be 
 just ; men do dread death ; but they cannot expect im- 
 punity. There is a common impression that an ac- 
 complice will not be believed. This day the world 
 will see that the evidence of an accomplice, if it hangs 
 together as a true story, will be believed by a jury of 
 honest men who boldly do their duty. It is not merely 
 s
 
 284 AUSTRALIAN BUSHRANGING. 
 
 the danger of the people, but the character of the com- 
 munity in the eyes of the world is at stake. The 
 scenes that occur in this colony would be shocking to 
 read of in any country. I believe that in cases of this 
 kind, of deliberately planned robberies with cruelty 
 and attempts at bloodshed, the only penalty men are 
 likely to fear at all is death. If the Legislature does 
 not think so, the Legislature must alter the law ; but I 
 have only to carry out the law as it is. I can feel for 
 you as men, but if the taking of your lives should ren- 
 der the country more secure from such deeds of 
 violence, the cause of humanity will be promoted by 
 your extinction. Here was a reckless, bloody, mur- 
 derous onslaught upon innocent men. While deeply 
 feeling for you I feel that the interests of society are 
 paramount, and must be defended. The sentence of 
 the court is that you be, each of you, taken hence to 
 the place from whence you came, and thence at a day 
 api ointed by the Executive Government, to the place of 
 execution, there to be, each of you, hanged by the neck 
 till you are dead. And may the Lord have mercy on 
 your souls." 
 
 The prisoners were then removed, and the audi- 
 ence, who had maintained decent quietness amid all 
 the crowding and excitement, speedily withdrew. 
 
 A word or two will not be considered out of place 
 by way of comment upon the result of the first trial. 
 The novelty of a Special Commission, and the strong 
 doubts which had obtained in the public mind, pro- 
 duced by the fact that the verdict almost solely de- 
 pended on the evidence of the approver, were sufificient 
 to create an interest rarelv felt in cases of either rob-
 
 THE EUGOWRA ESCORT ROBBERY. 285 
 
 bery or murder. And as many had expected, and 
 many more wished, so it happened ; the case broke 
 down. The people of the west, when the news reached 
 them, joined in the chorus, "We told you so," and the 
 fault was laid at the door of the Government, for hav- 
 ing fixed the trial of the men in Sydney, where, ac- 
 cording to general impression, there was a wide-spread 
 feeling of sympathy for the accused. They did not go 
 so far, however, as to directly accuse the jury of being 
 sympathisers with crime. Their condemnation went 
 out rather towards the spectators, who appear from 
 the reports in the papers to have manifested great joy 
 at the result, and gave expression to their joy in vari- 
 ous ways ; yet even for them an excuse was found. 
 
 One writer put the case thus : "The excitement of 
 the crowds congregated at the trials arose out of a 
 common dislike to the evidence of an approver. The 
 popular mind detests this kind of testimony, not merely 
 because it is seldom to be relied on, nor indeed from 
 any other reason as such, but from a sort of instinctive 
 feeling which rushes at once to the conclusion that it 
 is an augmentation of villainy. He is regarded as in- 
 finitely worse than those against whom he testifies. 
 He is not only a thief, but a traitor. His accomplices 
 are punished through his means, but it is at the ex- 
 pense of a deeper dip into crime. He saves himself, 
 but to do that probably sends his own companions in 
 guilt to death. What is called justice is supposed to 
 reap some advantage ; but even this is only apparent, 
 for whilst the law wreaks its vengeance on the con- 
 demned, it lets loose the greatest villain of the mob to 
 prey upon mankind, and the imagination pictures him 
 as drinking the blood of his accomplices. But this
 
 286 AUSTRALIAN BUSHRANGING. 
 
 particular approver endeavoured to screen himself 
 under a declaration that he was coerced into the 
 scheme. It would have been more creditable for him 
 not to have urged this, as he entirely failed to make it 
 so appear. He was disappointed, not from any un- 
 fairness of his associates towards himself, but from the 
 loss of the grand booty. If he had received 22 lbs. 
 weight of solid gold, and £3000 in notes as his share 
 of the spoil, would he have delivered it up to the 
 authorities and turned approver then? Of course this 
 is not exactly what Government cares about, but it is 
 the popular reasoning; and most men believe that it 
 would be better for the accused to escape than the ac- 
 cuser to have his revenge." 
 
 There was an end to all disputing in the country, 
 however, when it became known that three of the 
 prisoners had been convicted and sentenced to death ; 
 but discussion was revived when the fact was made 
 known that the Sydney people were agitating to ob- 
 tain a commutation of the sentence. The result of 
 the meeting of the Executive Council was soon known 
 throughout the colony. The sentence of death passed 
 upon Fordyce was commuted to imprisonment for life, 
 but Bow and Manns were to be left to their fate. The 
 reason for a reprieve in the one case was given. For- 
 dyce had not fired his gun, and therefore was held less 
 guilty of the intent to murder than his companions. 
 This reason was a flimsy one, as the evidence showed 
 it was through no fault of his that a bullet from his 
 rifle did not do deadly work. Gardiner had upbraided 
 him for not firing, and he replied "I snapped the gun, 
 but it did not go of¥." 
 
 The act of the Executive in reprieving one of the 
 {
 
 THE EUGOWRA ESCORT ROBBERY. 287 
 
 condemned men made the petitioners redouble their 
 efforts to save the remaining two. Petitions poured 
 in upon the authorities, and the city was kept in a con- 
 tinual state of ferment ; but the Executive Council was 
 inexorable. They put their foot down firmly and de- 
 clared they had gone far enough ; there was nothing 
 in the case of Bow and Manns to justify an extension 
 of mercy to them. But his Excellency the Governor 
 had a say in the matter on his own account, and having 
 been strongly urged to exercise the Royal prerogative 
 on his own responsibility, he yielded to the solicitations 
 and reprieved Bow, the sentence being changed from 
 death to imprisonment for life, the first three years in 
 irons. 
 
 But even the Governor drew the line at Manns. 
 Right up to the morning fixed for the execution the 
 agitation in Mann's favour — the youngest of the con- 
 demned trio — was kept up ; it was considered that his 
 Excellency, having exercised his prerogative — the first 
 time an Australian Governor had done such a thing in 
 opposition to his responsible advisers — in one case, 
 could not refrain from exercising it in the other, the 
 two being "on all fours." One petition was presented 
 to his Excellency with no less than 10,000 signatures 
 attached, but the reply sent back was that the law must 
 take its course; and on the morning of the execution 
 he sent a message to a deputation of prominent citizens 
 who had gone to Government House to interview him 
 on Mann's behalf, refusing to see them and declaring 
 that the decision of the Executive was unalterable. 
 
 The text of one of the petitions will show the 
 scope of the whole. It ran as follows : —
 
 288 AUSTRALIAN BUSHRANGING. 
 
 Your petitioners humbly approach your Excellency and 
 draw attention to the following reasons why the life of Manns 
 should be spared: 
 
 1. That the prisoner is a young man who has passed his 
 life in the interior away from all moral and religious training. 
 
 2. That hitherto he has borne a character for honesty and 
 industry, this being the first crime with which he has been 
 charged, and into which he may have been dragged as Char- 
 ters, the approver, has sworn he was, from fear of the noted 
 ruffian Gardiner, or by force of other circumstances. 
 
 3. That for many years previous to the i8th instant no 
 person has suffered the extreme penalty of the law for any 
 crime which has not resulted in death. 
 
 4. That the majesty of the law will be sufficiently upheld 
 by penal servitude for life. 
 
 5. That your Excellency having been pleased to spare the 
 life of John Bow, who was equally guilty, your petitioners 
 believe the prerogative of mercy ought to be extended to 
 Henry Manns. 
 
 Since his condemnation, the youthful criminal — 
 he was only twenty-four years of age — had conducted 
 himself in gaol with great propriety, and under the 
 zealous and untiring efforts of the clergymen and Sis- 
 ters of Mercy who attended him, devoted himself 
 earnestly to preparation for the awful ordeal through 
 which he was to pass ; though it would seem he was 
 not wholly without hope up to the previous evening 
 that his life would be spared. This belief was intensi- 
 fied, no doubt, from his learning what had been done 
 in the case of Bow, and in the strong efforts which 
 were being made on his own behalf. But all those 
 efforts proved unavailing, and Manns was handed over 
 to the Under-Sherifif in due course, and by him trans- 
 ferred to the executioner. 
 
 His distracted mother, being anxious to have the 
 body for interment at Campbelltown, made application 
 for it to be handed over to her as soon as the ofificers of 
 justice had finished their deadly work. Mr. (after- 
 wards Sir) John Robertson, Secretary for Lands, who
 
 THE EUGOWRA ESCORT ROBBERY 2S9 
 
 was acting for the Premier, at once complied, and the 
 body was taken in the hearse and driven with all speed 
 to the Haymarket ; as it was feared that if the great 
 crowd that had congregated outside the gaol walls 
 knew what was being done they would follow and 
 make a scene, which those acting for the unfortunate 
 mother were anxious to avoid. Arrived at the inn 
 where Mrs. Manns was waiting, the body was removed 
 from the prison shell and placed in a coffin provided 
 by the friends, and the mother and those friends hav- 
 ing entered the mourning coach, a start was made for 
 the railway station. But the crowd, true to its morbid 
 instincts, had followed, and here blocked the way, and 
 the heavy burden of the mother was made heavier by 
 the jostling to which the mournful party were sub- 
 jected. The excitement manifested had in great part 
 been created by a rumour which had been suddenly 
 circulated that the friends had made such haste from 
 the gaol in order to make efforts to resuscitate the 
 hanged man. The body was conveyed by train to 
 Campbelltown and there buried in a grave wherein 
 two younger members of the Manns family lay. 
 
 The unfortunate and misguided youth whose 
 earthly career was thus cut short in a manner so hor- 
 rible, was a native of Campbelltown, and many persons 
 who knew him there as a boy spoke of him favourably 
 as a well-conducted lad. For the last six years of his 
 life he had been employed in looking after stock in the 
 district lying between the Murrumbidgee and the 
 Lachlan Rivers ; and during the last twelve months 
 had been employed on Sutherland's station, called The 
 Gap, at no great distance from Lambing Flat. Here 
 he made the acquaintance of Frank Gardiner; and it
 
 290 AUSTRALIAN BUSHRANGING. 
 
 was commonly thought that he was one of the gang 
 employed by Gardiner in "sticking-up" carriers and 
 others on the road in that locality. During his im- 
 prisonment he confessed his share in the escort rob- 
 bery, and more than once sought acceptance as ap- 
 prover with Charters. 
 
 John Bow, who was only twenty years of age, was 
 a native of Penrith, where he was known to many per- 
 sons as a schoolboy, as a remarkably well-behaved and 
 intelligent youth. He was very respectably connected, 
 having a half-brother and sister in very good positions 
 in different parts of the country. He had been em- 
 ployed for five or six years in the Burrowa district as 
 a stockman for different persons, but his connection 
 for the last twelve or eighteen months with parties who 
 were now well known to have been in constant com- 
 munication with Gardiner, had no doubt led to the 
 breaking down of whatever principles of good his 
 earlier education may have planted in his mind, and to 
 his initiation in the way of crime — a way that offered 
 a broad and quickly travelled road to the unfortunate 
 youth, and brought him to the cell over which the 
 terrible words, "For Life" were written. 
 
 Alexander Fordyce, the third escort robber to re- 
 ceive sentence, was thirty-four years of age and a 
 native of Camden. Having been attracted to the dig- 
 gings, he fell in with the Wheogo mob, and then fol- 
 lowed the downward course very rapidly, in the man- 
 ner already described. 
 
 The three men named were the only members of 
 the gang brought to trial for the escort robbery. Gil- 
 bert, Hall, and O'Meally were shot dead in their tracks 
 after committing many other daring outrages. Gar-
 
 THE EUGOWRA ESCORT ROBBERY. 291 
 
 diner was subsequently arrested, tried, and sentenced 
 to a long term of imprisonment ; but the then At- 
 torney-General declined to put him on trial for this 
 offence. Charters, of course, got off scot free, and 
 located himself in the district where the robbery had 
 taken place — but not until those who were likely to 
 "pay him out" for turning informer had been removed. 
 The bulk of the stolen treasure was never re- 
 covered. What became of it is only known to the 
 men who stole it and those to whom they handed it 
 over : although some of the residents of the district 
 have always held to the opinion that more than one of 
 the "shares" so carefully divided by the leader of the 
 gang still lie hidden in the fastnesses of the Weddin 
 Mountains. My own opinion is that there are persons 
 living at the time this is being written — and nearly 
 forty summers have passed away since the robbery — 
 who could if they chose account for the unrecovered 
 gold and notes. More than this I dare not say.
 
 CHAPTER VIII. 
 
 THE LAST OF GARDINER. 
 
 As a stimulus to extra exertions on the part of the 
 pohce, and as a temptation to one or other of the many 
 residents of the district who were known to be on 
 friendly terms with Gardiner and his "boys," the fol- 
 lowing proclamation was issued while the trial of those 
 of the escort robbers who had been caught was pro- 
 ceeding : — 
 
 Colonial Secretary's Office, 
 
 Sydney, 6th February, 1863. 
 
 £1000 REWARD. 
 FOR THE APPREHENSION OF FRANCIS GARDI- 
 NER ALIAS CLARKE, AND JOHN ALIAS 
 JOHNNY GILBERT. 
 
 Whereas the abovenanied Francis Gardiner alias Clarke, 
 and John alias Johnny Gilbert, are charged with the com- 
 mission of numerous and serious offences, and have hitherto 
 eluded the efforts to apprehend them, principally by their 
 being harboured, assisted, and concealed by parties resident 
 in the districts they frequent: It is therefore notified that the 
 Government will pay a Reward of Five Hundred Pounds for 
 such information as will lead to the apprehension of either 
 of them: And should such information be given by any per- 
 son charged with the commission of any offence, his case 
 will receive the favourable consideration of the Crown. 
 
 All parties are also hereby cautioned against concealing, 
 harbouring, assisting, or maintaining the abovenamed 
 offenders, as by so doing they render themselves liable to be 
 dealt with by law, as accessories to the crimes of which the 
 offenders so assisted may be found guilty. 
 
 CHARLES COWPER. 
 292
 
 THE LAST OF GARDINER. 
 
 293 
 
 DESCRIPTION OF FRANCIS GARDINER, ALIAS 
 CLARKE. 
 
 Native of Goulburn, New South Wales, 32 years of age, 
 5 feet 8i inches high, a labourer, dark sallow complexion, 
 black hair, brown eyes, small raised scar in left eyebrow, 
 small scar on right chin, scar on knuckle of right forefinger, 
 round scar on left elbow joint, two slight scars on back of 
 
 JOHNNY GILBERT. 
 
 left thumb, short finger nails, round scar on cap of right 
 knee, hairy legs, mark on temple from a wound by pistol ball 
 or whip. 
 
 DESCRIPTION OF JOHN ALIAS JOHNNY GILBERT. 
 
 Between 22 and 24 years of age, boyish appearance, 5 
 feet 7 or 8 inches high, between 9 and 10 stone weight, slight, 
 light brown straight hair, worn long in native fashion,
 
 294 AUSTRALIAN BUSHRANGING. 
 
 beardless, and whiskerless; has the appearance and manner 
 of a bushman or stockman, and is particularly flippant in his 
 dress and appearance. 
 
 It is pretty well known that Johnny O'Meally and 
 Ben Hall were, to use an expressive bush phrase, "up 
 to their necks in it" with Gardiner ; but for some reason 
 best known to themselves the authorities did not put a 
 price upon them — that piece of oflficial work was re- 
 served, as will shortly be seen, for a future occasion. 
 
 Meanwhile Gardiner and his mates continued in 
 active pursuit of their calling. After the rescue of 
 Manns and Darcey, Gilbert rejoined Gardiner, 
 O'Meally, and others in the neighbourhood of the 
 Weddin Mountains ; and while the police of the district 
 were engaged on the trials at the Special Commission 
 in Sydney, they carried on their depredations, still 
 pursuing their old plan of dividing forces and appear- 
 ing alternately on the Lachlan and the Goulburn sides. 
 
 The district police had some difficulty in regulat- 
 ing their movements, so many and various were the 
 reports received, and it was only occasionally that they 
 could get upon the freshest tracks. When they were 
 brought by accident into something like close quarters 
 with the Knights of the Road, they invariably came ofT 
 "second best" ; if they did make a capture it was of 
 some raw recruit only, the men chiefly wanted getting 
 clean away. While the bushrangers were in the 
 Goulburn district, three troopers — Hughes, Gall, and 
 Bacon — who were out in the hope of meeting with 
 them, saw several mounted men in the bush ofY the 
 Tuena-road, and, judging them to be suspicious 
 characters, took steps to make their closer acquaint-
 
 THE LAST OF GARDINER. 295 
 
 ance. In compliance with the scmi-miHtary character 
 of the force, the order was given to extend, so as to 
 hem the suspects in. The bushrangers, quietly watch- 
 ing the operation, kept together, and, as soon as the 
 troopers were properly extended, thundered down in 
 a body on Trooper Hughes. Shots were exchanged, 
 and the trooper was wounded in the arm before his 
 companions could come to his relief. Satisfied with 
 having winged the leader, the bushrangers wheeled 
 their horses and galloped away, while the discomfited 
 force, abandoning all thought of further pursuit, made 
 haste to return to quarters with their report. 
 
 Another encounter between some of the gang 
 and the police took place between Forbes and Lamb- 
 ing Flat a few days afterwards. Sergeant Sanderson, 
 with detectives Lyons and Kennedy, had left the Lach- 
 lan in charge of three prisoners by the coach for 
 Lambing Flat. On reaching Brewer's shanty three 
 horsemen with two led horses were observed. Two 
 of the horsemen bolted ; the third, Davis, stood his 
 ground and received four shots from detective Lyons, 
 all of which took efifect — one in his thigh, one in his 
 wrist, and the other two in his head. Davis fell, and 
 was immediately pounced upon by the detective, 
 Lyons ; the prisoners assisted in securing him, and he 
 was brought to Brewer's shanty. Davis was one of 
 the latest recruits in Gardiner's gang, and had been 
 present at the sticking up of Crowther and Croaker's 
 stations a few days previously. At the former place 
 Gardiner, with seven accomplices, stuck up Mr. 
 Pring's servants. One of the bushrangers played the 
 piano while the rest danced and drank brandy and 
 water at Mr. Pring's expense. At Mr. Croaker's
 
 296 AUSTRALIAN BUSHRANGING. 
 
 station one of the bushrangers played a concertina. 
 and sang "Ever of Thee" to the host. 
 
 Just about this time the following communication, 
 which throws a little light upon the operations of the 
 gang, appeared in the "Yass Courier" from the cor- 
 respondent of that paper at Marengo : — 
 
 In my communication of the 30th ultimo, I stated that I 
 was sanguine as to the result of the expedition in search of 
 the bushrangers, but I am sorry to say that the police were 
 unsuccessful, and from circumstances I have since ascer- 
 tained the cause of this bad luck is explained. It seems in 
 consequence of the gold escorts being strongly guarded, and 
 the money order system being introduced by the postal 
 authorities, that General Gardiner finds it expedient to 
 change his tactics. I am informed that this captain of the 
 "free companions" has divided his band into two parts, viz., 
 the "neophytes" and "men-at-arms," and the modus operandi 
 of his last raid was as follows: Eight or nine of the neophytes, 
 or apprentices, headed by Johnny Gilbert, were dispatched 
 as a decoy to beat up the enemy's quarters (that is. the sur- 
 rounding stations), to make plenty of noise, etc., and then to 
 securely "plant" for a few days. The news soon reaches 
 Lambing Flat, and the commanding officer there, with his 
 usual impetuosity and zeal, arms and musters all his available 
 force, consequently leaving those diggings contiguous to the 
 Flat quite unprotected (for the foot police are only of use to 
 the town itself) — the very thing aimed at and required by the 
 ubiquitous captain of "free lances," who instantly musters 
 five or six of his most stalwart and unscrupulous men-at- 
 arms; in broad daylight they ride up to one of the largest 
 stores in Spring Gully (one mile from the Flat), coolly tie up 
 their horses, and leaving two men outside to prevent awk- 
 ward intrusion, march in, "bail up" the inmates, and obtain 
 considerable booty, including ammunition, revolvers and 
 about £60 in cash. Of course they experience no interrup- 
 tion from the authorities, as the villains were well aware that 
 the police were on a wild-goose and previously cut-and-dried 
 chase miles away — which was the case with the exception of 
 one unfortunate constable, who happened to be serving a 
 warrant in the neighbourhood; he was ordered by the taller 
 of the two rogues outside the store to "stand and deliver." 
 . . . . The station owners about here have been so often 
 plundered that they now keep scarcely anything on their 
 premises that would be available by the bushrangers, there- 
 fore when they are visited by robbers the attack is only a
 
 THE LAST OF GARDINER. 297 
 
 ruse of the junior part of the rascals, to draw or decoy the 
 police away from a wealthier place previously spotted. 
 
 And another thing that greatly counteracts the strenuous 
 efforts of the mounted police is the system of "bush tele- 
 graphy,' which I will explain. Of all the numerous settlers 
 on the Fish River, Abercrombie Ranges, or the Levels, 
 scarcely half are true subjects; only five settlers on the Levels 
 are considered by the police to be truly loyal, and free from 
 the taint of harbouring and, directly or indirectly, encouraging 
 bushranging. For instance, about three or four months ago 
 the patrol were on the Bland Plains (the Levels) in pursuit 
 of some well-known desperadoes, who they knew were not 
 many miles ofT, and they called at a slightly suspected station; 
 being unsuccessful, they proceeded to the next station, the 
 residence of a truly loyal man — a gentleman, though boasting 
 of no great birth or education — no scion of aristocratic tree, 
 yet still a gentleman; "for honest men are the gentlemen of 
 nature." He gave the officer in command all the information 
 in his power, but while doing so he suddenly exclaimed, 
 "Haste or you'll be too late; for, by Jove, there goes the 
 
 'telegram' from Mr. 's place, you passe*, last." The 
 
 officer looked in the direction pointed out, ai.d there saw 
 straight across one of the highest ranges, at a stretching 
 gallop, a finely mounted youth. No time was lost by the 
 patrol, but when they got to their destination they found the 
 residents calmly waiting their arrival, having been evidently 
 on the look out for some time. Of course everything was 
 found correct and square; so that the police had to return 
 sadder, but in slightly one sense (i.e., bush telegraphy), wiser 
 men. There is a strong suspicion that a "bush telegram" 
 exists in every township; for upon the day that Gardiner 
 dispatched his junior corps upon the above mentioned strate- 
 gic expedition to Bentick Morrell, and some other stations, 
 after the plundering they camped in the evening in a secluded 
 part of the bush, near Marengo, not very far ofif the old sheep 
 station, and were visited by some two or three members of a 
 certain family here. This I have been told as a fact, and if, 
 upon further inquiry, I find it to be so, I will, through the 
 medium of your columns, regardless of consequences (not- 
 withstanding their social position), thoroughly expose them; 
 for I consider it the bounden duty of all loyal subjects of her 
 Majesty to do everything in their power to check the whole- 
 sale atrocious depredations now carrying on; and until every 
 one of these dens of refuge and "bush telegrams" are abso- 
 lutely exterminated, all efforts of the authorities to put down 
 bushranging will be futile and abortive. 
 
 Just about this time a letter was published in the 
 
 Lambing Flat paper, purporting to be from Gardiner.
 
 298 AUSTRALIAN BUSHRANGING. 
 
 Many persons doubted its authenticity, but the editor 
 of the paper invited inspection of the MS., ^Yith the 
 envelope, post-marked and stamped, and declared his 
 belief in its genuineness. The following is a copy of 
 the letter: — 
 
 (To the Editor of the "Burrangong Miner," Lambing Flat.) 
 
 Sir, — Having seen a paragraph in one of the papers, 
 wherein it is said that I took the boots off a man's feet, and 
 that I also took the last few shillings that another man had, 
 I wish to make it known that I did not do anything of the 
 kind. The man who took the boots was in my company, and 
 for so doing I discharged him the following day. Silver I 
 never took from a man yet, and the shot that was fired at the 
 sticking-up of Messrs. Horsington and Hewitt was by acci- 
 dent, and the man who did it I also discharged. As for a 
 mean, low, or petty action, I never committed it in my life. 
 The letter that I last sent to the press, there was not half of 
 what I said put in it. In all that has been said there never 
 was any mention made of my taking the Sergeant's horse 
 and trying him, and that when I found he was no good, I 
 went back and got my own. As for Mr. Torpy, he is a 
 perfect coward. After I spared his life as he fell out of the 
 window, he fired at me as I rode away; but I hope that Mr. 
 Torpy and I have not done just yet, until we balance our ac- 
 counts properly. Mr. Greig had accused me of robbing his 
 teams, but it is false, for I know nothing about the robbery 
 whatever. In fact, I would not rob Mr. Greig or anyone 
 belonging to him, on account of his taking it so easy at Bogo- 
 long. Mr. Torpy was too bounceable or he would not have 
 been robbed. A word to Sir W. F. Pottinger. He wanted 
 to know how it was the man who led my horse up to me at 
 the Pinnacle did not cut my horse's reins as he gave me the 
 horse. I should like to know if Mr. Pottinger would do so? 
 I shall answer for him by saying no. It has been said that it 
 would be advisable to place a trap at each shanty along the 
 road, to put a stop to the depredations done on the road. I 
 certainly think that it would be a great acquisition to me for 
 I should then have an increase of revolvers and carbines. 
 When seven or eight men could do nothing with me at the 
 Pinnacle, one would look well at a shanty. Three of your 
 troopers were at a house the other night and got drinking 
 and gambling till all hours. I came there towards morning 
 when all was silent. The first room I went into I found re- 
 volvers and carbines to any amount, but seeing none as good 
 as my own, I left them. I then went out, and in the verandah
 
 THE LAST OF GARDINER. 299 
 
 found the troopers fast asleep. Satisfying myself that neither 
 Battye nor Pottinger were there, I left them as I found them, 
 in the arms of Morpheus. 
 
 Fearing nothing, I remain, Prince of Tobymen, 
 
 FRANCIS GARDINER, the Highwayman. 
 
 Insert the foregoing, and rest satisfied you shall be paid. 
 
 As indicative of the widespread notoriety gained 
 by the "King of the Road," it may be mentioned that 
 the authorities in Sydney kept their brethren in Vic- 
 toria fairly posted in his movements, suspected or 
 ascertained ; and the latter ordered a good look-out to 
 be kept on that side of the Border, anticipating that 
 Gardiner would sooner or later seek refuge in Vic- 
 toria. One rather ludicrous instance of over-zeal by 
 the Victorian police is recorded. A gentleman named 
 Garrett, member of a respectable business firm, had 
 gone into the country with one of his men ; when near- 
 ing his destination, a place called Raglan, he was ac- 
 costed and catechised by a policeman, and having 
 given satisfactory answers was allowed to proceed on 
 his way. On arriving at a public house, towards even- 
 ing, he found the house shut up, and it took some 
 parleying with the landlord before he could be re- 
 assured and the tired travellers admitted. Mr. Garrett 
 retired to a bedroom to perform his toilet while supper 
 was getting ready, and his man sat down at the table 
 Shortly afterwards two troopers arrived, took the land- 
 lord on one side, and informed him that Mr. Garrett 
 was the desperado Gardiner ; they then entered, and, 
 placing two revolvers at the head of the man, asked 
 where his mate was. The man replied he had no 
 mate, but his master was in the bedroom. Mr. Garrett 
 just then opened the door, and was coming out candle 
 in hand, when the revolvers were pointed at him, and
 
 300 AUSTRALIAN BUSHRANGING. 
 
 he was threatened with a bullet through his head if he 
 dared to stir. Seeing that the constables had evidently 
 lost all nerve, and were trembling from head to foot, 
 Mr. Garrett thought it best to be calm. He answered 
 every interrogation as calmly as possible and allowed 
 himself to be searched, the documents on him fully 
 bearing out what he had stated. The police professed 
 themselves satisfied that he was not Gardiner, but in- 
 sisted on taking him into custody, right or wrong, on 
 suspicion of horsestealing, and ordered him to come 
 with them at once. Mr. Garrett, being hungry and 
 tired after a day's ride, insisted on having his supper 
 first ; and, although the search had proved that he had 
 no weapon of any description about him, his gallant 
 captors sat during supper with their revolvers pointed 
 at him within an inch or two of his head, in so great a 
 fright that their pistols were shaking in their hands, 
 and he almost expected to be shot every time he 
 moved his hand with the fork to his mouth. The man 
 could eat nothing under the novel circumstances. 
 After supper, Mr. Garrett made a virtue of necessity 
 and allowed himself to be handcuffed, or his captors 
 would have murdered him. The party reached Raglan 
 about eleven o'clock, and master and man had to sub- 
 mit to the indignity of being confined in the "logs" all 
 night. Next morning the telegraph was set to work 
 and Mr. Garrett's identity established, when he was 
 set at liberty with the assurance that he had no remedy. 
 Somewhat suddenly, the talk about Gardiner 
 changed to one simple inquiry to which nobody was in 
 a position to give a satisfactory reply ; and that en- 
 quiry was, "Where is he?" The newspapers no longer 
 contained thrilling accounts of heavily-laden coaches.
 
 THE LAST OF GARDINER. 301 
 
 honest carriers and travellers "stuck up" by the King 
 of the Road. Others were doing that sort of work, 
 and to some purpose, too; but Gardiner — the father 
 of bushranging, the man who boasted that he "never 
 did nothing dishonourable," the chief of the gang the 
 record of whose exploits had made the colony shiver 
 with excitement — Gardiner, the handsome, the daring, 
 the ubiquitous, had suddenly vanished. Had he been 
 shot by any of his followers in some heated brawl when 
 dividing the spoils? or was he in hiding in some gully 
 among the mountains, such as formed the bush- 
 rangers' favourite resort? or had he escaped from the 
 colony with the accumulated wealth gotten by his re- 
 peated robberies? Never an answer came. Gardiner 
 had disappeared — vanished as completely as though 
 the earth had opened and swallowed him up. And it 
 was all in his favour that the gang he had formed re- 
 mained unbroken and active ; for well-organised search 
 could not be made while Hall, Gilbert, O'Meally. and 
 Co. held the roads, and kept the whole police force of 
 the western and southern districts runing hither and 
 thither. 
 
 There was another person who was missing at the 
 same time — the Mrs. Brown, near whose house Sir 
 Frederick Pottinger had allowed Gardiner to slip 
 through his fingers, after having gone there with a 
 young army of police to capture him. This woman 
 proved her liking for the bushranger by forsaking a 
 comfortable home to share the dangers of his flight 
 and exile. When and how the pair got away together 
 was not known until long afterwards, and where they 
 had gone to appeared likely to remain an unsolved 
 mystery. The only thing definite known was that
 
 302 AUSTRALIAN BUSHRANGING. 
 
 Gardiner and Mrs. Brown had both disappeared from 
 the district. But althoug-h they had managed to escape 
 from New South Wales, they had not crossed the sea 
 to any of the rog-ues' refuges in the Islands or in 
 America. They were almost within hailing distance ; 
 and the colony was very much astonished one morn- 
 ing in March, 1864, by the discovery and arrest of the 
 notorious bushranger and the woman who for him had 
 left a comfortable home. 
 
 This news was at first not credited. For a long 
 time people believed that some mistake had been made 
 and that the man who had been arrested was not 
 Gardiner ; but in due course every doubt was set at 
 rest, and then men marvelled greatly that the arrest 
 had not been sooner made. The story of the arrest is 
 a simple one, and may be told in few words. 
 
 GARDINER'S CAPTURE. 
 
 There was in the Sydney Police Force at this 
 time a detective named McGlone, who had had a little 
 experience in hunting down criminals, alth(.ugh not 
 so large an experience as some of his colleagues in 
 dealing with bushrangers. In some way never fully 
 explained to the public he received information from 
 what he considered a reliable source that Gardiner was 
 in Queensland, living somewhere on the Appis Creek 
 road ; and armed with all necessary documents and 
 weapons, and accompanied by two policemen named 
 Pye and Wells, he took boat for Queensland, reaching 
 Rockhampton, the port nearest to the locality for 
 which they were bound, on nth February, 1864. 
 
 The object of the expedition was not made known 
 by McGlone to his companions, but they were satis-
 
 THE LAST OF GARDINER. 303 
 
 fied to know that it was one of more than ordinary 
 importance, requiring the utmost secrecy. They as- 
 sumed the dress and character of diggers, to escape 
 observation on the road. Owing to the flooded state 
 of the river the party was unable to proceed for c^veral 
 days ; while waiting they observed in the town several 
 persons whom they had previously seen on the Lach- 
 lan, and who there had the reputation of being sympa- 
 thisers with the bushrangers. At length the river 
 subsided and the trio crossed over. All along the 
 road every face and every hut was rigidly scrutinised, 
 but it was not till they had gone a day or two's journey 
 that McGlone again recognised several old Lachlan 
 faces. Hope revived, and the cautious Scot now 
 knew that his game could not be far away. Weary, 
 dusty, and thirsty, the seeming diggers arrived at 
 Appis Creek, camping within 100 yards of a store and 
 public house which (as a signboard indicated) were 
 jointly carried on by Messrs. Craig and Christie. 
 Without knowing it McGlone was in sight of his 
 quarry. 
 
 Nine months previously Gardiner and his para- 
 mour had entered Rockhampton by the overland 
 route, and had assumed the names of Mr. and Mrs. 
 Frank Christie, this being Gardiner's real patronymic. 
 They did not stay long in Rockhampton, 1 ut left the 
 town for the Peak Downs goldfields. After passing 
 Yaamba the interesting pair fell in with a Mr. Craig, 
 who was going in the same direction, and travelled to- 
 gether for company. While thus journeying Craig 
 (who, to do him justice, appears to have been totally 
 ignorant of the true character of his fellow-traveller) 
 entered into an exposition of his intentions and pros-
 
 3(54 AUSTRALIAN BUSHRaNGING. 
 
 pects ; the confidence was returned by his new ac- 
 quaintance, who appears not to have concealed the 
 fact of his having- at least sufficient capital to make a 
 good beginning in the public-house or storekeeping 
 line. What more natural than that these communi- 
 cative fellow-travellers should discuss the probable 
 success of a little "spec" in the public-house and store 
 way? Craig knew of a good stand at Appis Creek, 
 and had a little spare cash ; Christie (alias Gardiner) 
 was similarly provided ; and then, too, how well Mrs. 
 Christie would suit behind the bar of a country inn, or 
 counter of a snug little store ! Craig did not hesitate ; 
 the partnership was entered into, a public-house and 
 store were opened at Appis Creek, and our quondam 
 bushranger settled down for a quiet life. 
 
 As was his usual custom after camping, McGlone 
 went up to the house to ferret out all he could without 
 exciting suspicion. As he approached he noticed an 
 individual seated on the doorstep of the store, head in 
 hands, elbows on knees, gazing vacantly up the road. 
 The first glance told McGlone his journey was at an 
 end — there sat his man ! But he must make sure ; so 
 putting on a woe-begone, sick-man expression, he 
 entered the store and was confronted by Mrs. Brown. 
 In a few minutes he asked Gardiner to come and have 
 a drink, and when Gardiner stooped to pour out the 
 liquor, the detective's sharp eye noticed the peculiar 
 scars on his head and hands. Lieutenant Brown, of 
 the Queensland native police, happened to pass just at 
 this moment, but McGlone dared not speak to him for 
 fear of exciting suspicion ; but fortunately he heard 
 Brown say he would stop the night at M'Lennan's, a 
 mile away.
 
 J - .\v;a 1 y>r''^^'^
 
 THE LAST OF GARDINER. 307 
 
 McGlone now returned to his mates and told them 
 for the first time who it was they had come to take, and 
 where he was to be found. A plan was agreed on, and 
 after dark McGlone crept off to Lieutenant Brown and 
 secured the co-operation of that gentleman and his 
 black troopers, who, as the sequel proved, behaved 
 most admirably. These precautions were taken be- 
 cause McGlone saw so many of Gardiner's old chums, 
 and so many suspicious ruffians about, that he feared 
 a rescue. Next morning the digging trio struck their 
 tent, picked up their swags, and prepared for their ap- 
 parent journey further, merely strolling up to the hotel 
 to get a parting glass. At the same time Lieutenant 
 Brown and troopers hove in sight, apparently off for a 
 tour of his district, as they had often appeared before, 
 the troopers singing gaily their corroboree song. 
 Gardiner was talking to two men who were grinding 
 an axe, but began to edge off to the store on seeing 
 the diggers approach. Pye, however, perceived the 
 move, and pushed up to cut him off, while McGlone 
 threw him off his guard by addressing a remark to him 
 about his dog. Gardiner turned to reply, when Pye 
 seized him from behind ; McGlone seized him by the 
 legs and threw him on his back ; the troopers sprang 
 from their saddles and pointed their carbines at the 
 spectators, while Brown literally poked his pistol into 
 the jaws of one of the axe grinders before he could be 
 deterred from assaulting the constables. And thus 
 Gardiner was taken. 
 
 McGlone was not the man to spoil his work by the 
 neglect of necessary precautions. After having as- 
 sured himself that Gardiner was so bound as to render 
 escape impossible, he conducted him to McLellan's
 
 3o8 AUSTRALIAN BUSHRANGING. 
 
 station, some distance from the store, where he placed 
 him in confinement pending his removal to Rock- 
 hampton — telling him then for the first time the reason 
 for his arrest. To make doubly sure McGlone also 
 arrested Craig and Mrs. Brown, and quite an interest- 
 ing little company was shortly thereafter under march- 
 ing orders for Rockhampton. 
 
 At the Rockhampton Police Court, Gardiner was 
 charged with having "committed various highway 
 robberies in New South Wales," while Craig was 
 charged with harbouring him, and Mrs. Brown with 
 "concealing and assisting a bushranger." The two 
 latter were acquitted. Gardiner was remanded ' d Syd- 
 ney, and removed to Brisbane gaol to await the first 
 steamer. Here McGlone suddenly learned that forces 
 were at work in the bushranger's favour which called 
 for prompt action. An effort was made to prevent the 
 prisoner's removal from Brisbane to Sydney, and a 
 Brisbane solicitor actually obtained a writ of habeas 
 corpus. But McGlone "knew the ropes," and before 
 the writ could be served he had removed his prisoner 
 from the gaol to secure quarters on board the steamer 
 "Telegraph," which was then getting ready for her re- 
 turn trip to the capital of New South Wales. The 
 steamer was timed to start next morning ; at the hour 
 fixed the start was made, and detective and desperado 
 were soon beyond the reach of sympathetic Queens- 
 landers. 
 
 In due course Gardiner was safely lodged in 
 Darlinghurst Gaol, and his captor lost no time in hunt- 
 ing up witnesses for the preliminary examination, 
 which the authorities decided (for reasons which must
 
 THE LAST OF GARDINER. 309 
 
 be patent to every reader) should be held within the 
 precincts of tlie gaol. The greatest excitement pre- 
 vailed in Sydney when it became known that the King 
 of the Road had arrived. Here was indeed a dis- 
 tinguished visitor, and if the authorities had cared to 
 make a display, and published the programme of pro- 
 ceedings connected with the landing and the escort 
 from the quay to the prison, they could have drawn a 
 crowd greater than would have gathered to witness the 
 landing of any royal personage. But it was deemed 
 prudent to keep the affair as quiet as possible, and be- 
 fore the majority of the citizens knew that Gardiner 
 had arrived he was safely housed in the cell that had 
 been prepared for him. 
 
 Captain Scott and Mr. George Hill were the 
 magistrates who conducted the preliminary proceed- 
 ings. The court sat in the debtor's ward of Darling- 
 hurst Gaol in April, 1864, and the charge preferred 
 against the prisoner was that he did feloniously shoot 
 and wound with intent to kill, John Middleton and 
 William Hosie, at the Fish River, on the i6th July, 
 1861. Mr. David Forbes appeared on behalf of the 
 Crown, assisted by Mr. Williams, Crown Solicitor, and 
 Mr. Frazer ; while Mr. Redmond and Mr. Roberts at- 
 tended on behalf of the prisoner. 
 
 The Bench committed Gardiner to take his trial 
 at the adjourned sessions of the Central Criminal 
 Court to be held on May 17th following. Mr. Roberts 
 protested strongly against such a comparatively short 
 time to prepare his defence, when the Government had 
 employed all their influence and had so much time to 
 set up a case against him.
 
 310 AUSTRALIAN BUSHRANGING. 
 
 THE TRIALS AT THE SUPREME COURT. 
 
 On the day appointed the prisoner, under the 
 three names — Francis Gardiner, alias Clarke, alias 
 Christie — was arraigned at the Sydney Central Crimi- 
 nal Court, before Mr. Justice Wise, the charge being 
 shooting and wounding Middleton with intent to mur- 
 der him. 
 
 The Attorney-General prosecuted, and Messrs. 
 Isaacs and Dalley appeared for the defence. 
 
 After a curiously mild trial, towards the close of 
 which the Crown Prosecutor remarked to the jury 
 that "no one would be better pleased than myself if 
 you acquit the prisoner," the presiding judge summed 
 up carefully, and the jury retired. At twenty-five 
 minutes past 6 o'clock it was announced by the Sheriff 
 to his Honour that the jury had agreed. A profound 
 silence ensued as they re-entered the box, and the 
 prisoner was again brought into Court. 
 
 The clerk of arraigns put the usual question, 
 "Gentlemen of the jury, do you find the prisoner at the 
 bar guilty or not guilty?" The foreman answered in 
 a distinct voice, "Not guilty," and the anhouncement 
 was received with a perfect yell of delight, accom- 
 panied by clapping of hands, which all the vociferations 
 of the tipstaves and constables on duty failed to re- 
 press. The Judge — pale as death from illness, fatigue 
 and agitation — rose from his seat, and in a voice of 
 severity ordered the constabulary to arrest any person 
 they saw behaving in so disgraceful and shocking a 
 manner on such an occasion ; at the same time point- 
 ing out to the police on duty a lad, about fifteen or six- 
 teen years of age, who was clapping his hands in a 
 most frantic manner. The boy was immediately
 
 THE LAST OF GARDINER. 
 
 311 
 
 brought before the Judge, and the Court House — 
 which a minute before was a scene of uproar and con- 
 fusion — was again as silent as the grave. "Young 
 man," said Judge Wise, in a voice tremulous with 
 emotion, "you are committed to Darlinghurst gaol for 
 ccnitempt of Court. I am shocked — inexpressibly 
 shocked, at this disgraceful and unseemly exhibition 
 
 MR. JUSTICE WISE. 
 
 within the walls of a court of justice on so solemn an 
 occasion as this." 
 
 The prisoner, who all the time had been an anxi- 
 ous auditor of what was going on, listened anxiously 
 for what was to follow. The counsel for the Crown 
 informed the Judge that there was another indictment
 
 312 AUSTRALIAN BUSHRANGING. 
 
 to be preferred against the prisoner, who was there- 
 upon told that he was to return to gaol on remand. In 
 view of the manifest sympathy existing for Gardiner 
 amongst the crowd of spectators, however, the judge 
 deemed it prudent to order the Court to be cleared be- 
 fore he was removed from the dock, and it was only 
 when the spectators had left the building that the 
 ofificers proceeded to take the prisoner away. 
 
 The fact that Gardiner had been acquitted after a 
 three days' trial was flashed along the wires to all parts 
 of the country, and great was the astonishment there- 
 at. The newspapers in all the colonies made the cir- 
 cumstance a text upon which to moralise, and never 
 before were the evils of criminal hero-worship more 
 fiercely denounced. Gardiner's exploits had furnished 
 a popular history which was the common property of 
 man, woman, and child in every nook and cranny of 
 the colonies. He had taken loaded gold boxes from 
 an armed escort by hundredweights at a time. He had 
 bailed up travellers by the score ; he had attempted 
 to shoot down the police like dogs. He had terrorized 
 a country side, and given the oflficers of justice, when 
 in his wake (and they were, always unfortunately, in 
 his wake) the character and appearance of "Guys." 
 He had cost the country thousands of pounds in horse- 
 flesh, accoutrements, and rations for his pursuers. 
 Large rewards had been offered for him alive or dead. 
 Troops of men had been branded as cowards, and 
 brave and gentlemanly officers had been cashiered be- 
 cause he remained still at large. Every man who had 
 seen him without taking him was deemed an accom- 
 plice. Such was the number, and the desperate and 
 deeply-dyed character of crimes committed by him

 
 THE LAST OF GARDINER. 315 
 
 during- a period of many months, that every honest and 
 peaceful subject of her Majesty in the colony mixed it 
 up with his daily prayers that the marauder, the depre- 
 dator, the murderer in intent if not in fact, might soon 
 be taken, and the country be at peace. He was the 
 Beelzebub of the bush — a modern Cacus — the prince 
 of robber-devils ; and because no term could be found 
 extreme enough to describe the system he had adopted 
 — because of the seeming charm which surrounded the 
 mystery of his deeds — his very name became typical, 
 and the strategies he devised were distinguished by the 
 name of Gardinerism. In a fortunate moment, how- 
 ever, an intelligent and daring officer obtains a clue to 
 his distant retreat, journeys to the spot, makes him a 
 prisoner, and safely deposits him in the metropolitan 
 gaol. The man he has shot stands before him in the 
 witness box, confronts him, and identifies him ; yet the 
 charge on which he is tried cannot be sustained, and 
 Gardiner is acquitted ! What wonder, I say, that the 
 people should be indignant? Whatever the causes 
 contributing, the result was most disappointing to all 
 but the personal friends of the prisoner and those who 
 looked upon him as the hero of the century, a veritable 
 Australian Dick Turpin. 
 
 For two months Gardiner had a further oppor- 
 tunity for calm reflection within the walls of Darling- 
 hurst ; at the expiration of that time he was again 
 placed in the dock. The Chief Justice presided on 
 this occasion, and the prisoner was arraigned on the 
 double charge of robbing Messrs. Horsington and 
 Hewitt, while Under arms. To the astonishment of 
 everyone he pleaded guilty to each offence, doubtless 
 under the advice of his counsel.
 
 3i6 AUSTRALIAN BUSHRANGING. 
 
 He was then charged with having on loth July, 
 1861, feloniously wounded William Hosie with intent 
 thereby to kill and murder him, and a second count in 
 the indictment charged him with wounding Hosie with 
 intent to do grievous bodily harm. It will be remem- 
 bered that this count was not included in the first in- 
 dictment, which was one of wounding with intent to 
 kill, no alternative between an acquittal or a convic- 
 tion on that single count being open to the jury. On 
 this occasion he pleaded not gtiilty, and he was de- 
 fended by Mr. Isaacs and Mr. Dalley, than whom two 
 more able barristers did not exist in the colony. The 
 witnesses called to prove the case against him were 
 Middleton and Hosie, Mr. Beardmore, and Drs. Row- 
 lands and Taylcr, their evidence being merely a re- 
 iteration of that given at the former trial. But the 
 Crown sought to make more plain on this occasion 
 that the two troopers were well within their rights in 
 going to Fogg's house to arrest Gardiner. Constable 
 Paget, of Goulburn, gave evidence of the prisoner's 
 conviction at that place on two charges of horse steal- 
 ing in 1854, and his imprisonment. Evidence was 
 also given of his release from the penal settlement on 
 ticket-of-leave, and the subsequent cancellation of that 
 ticket, John Budd, clerk of the Executive Council, 
 proving the authenticity of the Governor's signature 
 attached to the cancellation. 
 
 No witnesses were called for the defence, but Mr 
 Isaacs made a powerful appeal to the jury to acquit. 
 After his Honour the Chief Justice had summed up the 
 jury retired, and after an absence of three-quarters of 
 an hour returned into Court saying that tiiey had 
 agreed to find the prisoner guilty on the second count
 
 THE LAST OF GARDINER. 
 
 317 
 
 —wounding with intent to do grievous bodily harm. 
 It afterwards transpired that five of the jurymen were 
 for finding him guilty on the capital charge, while one 
 was for acquitting him on both charges. 
 
 On being asked if he had anything to say why 
 sentence should not be passed, Gardiner handed in the 
 following written statement, which was read to the 
 Court : — 
 
 
 WILLIAM BEDE DALLEY. 
 
 SIR HENKY PARKES. 
 
 To his Honor the Judge. 
 
 Your Honor, — I do not address you with the desire to 
 impress upon your mind my innocence of the charge to 
 which I have pleaded guilty, but my wish is to point out the 
 untruths in the evidence on the part of the witnesses. In the 
 first place, they all distinctly assert that there were four in 
 number, whereas there were five; they also state that three 
 stuck up the cart containing Mr. Horsington, his wife, and 
 boy, and that I alone went to Mr. Hewitt; now it is just the 
 opposite — I went to the cart, the four to Mr. Hewitt. Again, 
 they state that Mr. Hewitt was thirty yards in the rear of 
 the cart, whereas, on the contrary, he was thirty yards in 
 advance of the cart. Again, it was I who told them to bail 
 up, using no other words nor threats, and at the same time 
 Mr. Hewitt received a similar order from the four men.
 
 3i8 AUSTRALIAN BUSHRANGING. 
 
 While I was directing Mr. Horsington where to turn off into 
 the bush, a shot went off from one of the four men, caused 
 through the restlessness of his horse. I at the time was 
 within two or three yards of Mr. Horsington and his wife. I 
 immediately turned round and asked, "Who fired that shot?" 
 M'Guiness made answer, "I did, but it was purely accidental;" 
 upon which I replied, that as soon as he had received his 
 share of the spoil he should leave the party, which he did 
 that night. The man M'Guiness, who was thirty yards away 
 from me amongst the rest of the party, distinctly heard my 
 question as to who fired; I also heard his reply; and yet Mr. 
 Horsington, his wife, and boy, who were only a yard or so 
 from me, positively swear that they heard nothing of this 
 conversation. Again, on a former occasion, Mr. Horsing- 
 ton, his wife, the boy, and Mr. Hewitt, positively swear as to 
 the identity of the man Downey, as to his being of the party; 
 now, I sincerely and solemnly assert that this man was not 
 of my party on this or any other occasion. While Downey 
 was in custody for the alleged offence I wrote to the "Bur- 
 rangong Miner," acknowledging that I was the man, and 
 that he was perfectly innocent. Again, Mr. Horsington, and 
 his party assert that the robbery took place on the loth of 
 March, while it really did not take place until some five or 
 six weeks afterwards; so that if I had been inclined to stand 
 my trial I might have been enabled to prove an alibi. 
 
 This, as your Honor will sec, is not written with a view 
 to escape punishment, for, on the contrary, it criminates my- 
 self; but as there are only two left of the party — myself and 
 another man, who is at present undergoing a sent-ence of 
 fifteen years — I feel that in writing this I am injuring no one 
 except myself; and my onij- desire has been to point out the 
 inconsistency of the evidence on the part of the various wit- 
 nesses, so that, had I not pleaded gu-lty to this charge, I 
 might probably have escaped; so co: '-adictory is their evi- 
 dence, that a verdict in my favour might have been the result. 
 
 If I may be permitted, in praying for a merciful consider- 
 ation of my case, I beg to say that it is not alone on the above 
 grounds that I do sc, for during the last two years I have 
 seen the error of my ways, and have endeavoured, with God's 
 assistance, to lead an honest and upright life, for I have even 
 during this time had temptations (and those great ones), for 
 I was on one occasion entrusted for some time with the first 
 escort of gold that arrived from the Peak Downs, consisting 
 of 700 ounces; again, Mr. Manton, whom I beg to refer to, 
 a gentleman connected with the copper mines, entrusted to 
 my care 264 ounces of gold; and, lastly, Mr. Veale did the 
 same with 206 ounces; — yet the honest resolutions I had 
 formed were sufficiently strong to prevent me doing a dis-
 
 THE LAST OF GARDINER. 319 
 
 lionest action on either of these opportunities. And I do 
 trust that your Honor will do mc the justice to believe that 
 these were not isolated cases, or that I would have ever again 
 fallen into those practices which I have felt for a long time 
 past in my breast to be a sin against God and man. 
 
 And now, your Honor, as we must all on the last and 
 great day of judgment throw ourselves on the mercy of the 
 great Judge of all our actions, so do I now throw myself upon 
 your mercy as my earthly judge, and pray for a lenient and 
 merciful consideration in my case. 
 
 I am, your Honor, your humble servant, 
 
 FRANCIS CHRISTIE. 
 
 The Chief Justice then pronounced his sentence : 
 For the offence of which he had just been found guilty, 
 to be kept to hard labour on the roads or other public 
 works of the colony for fifteen years, the first two years 
 in irons ; for the armed robbery of Horsington (to 
 which he had pleaded guilty) to ten years' hard labour, 
 to commence at the expiration of the fifteen years ; and 
 for the robbery of Hewitt (to which he had also 
 pleaded guilty) to seven years' hard labour, the seven 
 years to commence at the expiration of the ten — in all, 
 thirty-two years. 
 
 Tt was a heavy sentence, and as the prisoner heard 
 it fall from the judge's lips he must have wondered 
 whether he would live to see the end of it. But Gar- 
 diner was not of a despondent nature. He had been 
 in prison more than once before, and had gained his 
 liberty on each occasion before his sentence had been 
 half completed — once by giving his custodians "leg 
 bail," and then by means of a ticket-of-leave. The ex- 
 perience of the past favoured hope, and Gardiner was 
 iiopeful where many a man would have been despair- 
 ing. That his confidence and hope were not misplaced 
 w^as fully proved by after events. The good fortune 
 which had attended him all through his remarkable
 
 320 AUSTRALIAN BUSHRANGING. 
 
 career — so ple.isantly exemplified in a hundred differ- 
 ent ways : his escape from Pentridge ; the abandon- 
 ment of the search for him by the Victorian authori- 
 ties ; the ease with which he obtained his ticket-of- 
 leave from Cockatoo, and bail from the Burrangong 
 magistrates ; his escape from death under Middleton's 
 fire, and from custody under Hosie's handcuffs ; the re- 
 fusal of Sir Frederick Pottinger's gvm to go off when 
 the muzzle was within a few inches of his breast ; the 
 inability of the police to trace or capture him ; the dis- 
 inclination of the Attorney-General to indict him for 
 the escort robbery ; the refusal of the Sydney jury to 
 convict him of shooting at Middleton — the "good for- 
 tune" which had thus so effectively displayed itself in 
 his behalf was not going to be separated from him by 
 the shutting of such ordinary things as the gates of 
 Darlinghurst ! It had been made evident that he was 
 not born to be hanged, or shot. It was to be made 
 evident that he was not born to beat the bars of a 
 prison in despair. And it only now remains for me to 
 narrate, as briefly as possible, the circumstances lead- 
 ing up to his release from the life-long imprisonment. 
 
 GARDINER'S RELEASE AND FINAL DISAPPEAR- 
 ANCE. 
 
 It would not interest the reader to learn what were 
 the daily tasks and recreations of Gardiner — he had 
 both — while wearing the prison garb. For a certain 
 time and in a certain way he was simply a prisoner 
 among prisoners ; but he had this advantage over 
 many of his fellows within the walls — he had been there 
 before, and understood how to earn for himself those 
 little indulgences which relieved the monotony of
 
 THE LAST OF GARDINER. 
 
 321 
 
 prison life and rendered confinement pleasant. From 
 the first he sought, and not in vain, to ingratiate him- 
 self with his custodians. If a good example were 
 needed in a certain direction, Gardiner was the man to 
 set it ; if a well-executed "job" were desired Gardiner 
 was the man to do it ; and ready obedience, cheerful 
 
 MR. HARGRAVE, ATTORNEY-GENERAL. 
 
 alacrity, persistent efforts to please, within prison walls 
 and without, invariably meet with their reward. 
 
 Eight years of the thirty-two passed away, and 
 then friends outside began again to exert themselves 
 in his behalf — this time openly and in legal fashion. 
 They set about their work with a determination to sue- 
 ceed, a fixed resolution to bear down opposition from
 
 322 AUSTRALIAN BUSHRANGING. 
 
 whatever quarter it might rise up to meet them. It 
 was to be expected that tl: jy should, with such a work 
 in hand, make sure of their ground before commencing 
 operations, and do first the thing that ought to be first 
 done. And their care in arranging and energy in 
 prosecuting that work met with its reward. Importu- 
 nate prayers, urged amidst falling tears by enchanting 
 women before impressionable officials — particularly 
 impressionable under such influences — met with a full 
 measure of success. Gardiner was released, though 
 not at the time nor exactly under the conditions for 
 which his influential friends and relatives pleaded. 
 
 The principal actors in the afifair — principal, at 
 least, so far as the general public were permitted to 
 know at the time — were the prisoner's two married 
 sisters, who resided with their husbands in Sydney. 
 There were others engaged behind the scenes, hatching 
 inspirations and pulling the strings. 
 
 The first step taken was the preparation of a 
 petition for presentation to the newly-arrived Gover- 
 nor, Sir Hercules Robinson, by the two sisters. That 
 step was an easy and efifective one, based as it was upon 
 the strong natural affection of loving sisters for an 
 erring brother. The petition was as strong as it could 
 well be made, and after briefly reciting the offences 
 of which Gardiner had been convicted and the sen- 
 tences passed upon him ran as follows : — 
 
 Your petitioners humbly implore your Excellency's 
 merciful considerations of their unfortunate brother's case, 
 towards affording a remission of his terrible sentence, on the 
 following grounds: 
 
 I. Previous to his apprehension he was obtaining his 
 living as a storekeeper in Queensland for nearly two years, 
 having abandoned his former career of wickedness, and had
 
 THE LAST OF GARDINER. 
 
 323 
 
 left the colony fully determined to lead a life of honest in- 
 dustry; proofs of the good character he had gained could 
 have been produced at his trial; and it is well known that 
 gold, both by escort and by private individuals, has been 
 placed under his care with confidence and safety during that 
 time. 
 
 2. That only four months after his conviction there was 
 a desperate outbreak of prisoners in the gaol, in which he 
 
 GARDINER OUT OF GAOL AGAIN. 
 
 took no part whatever; his conduct on that occasion was so 
 noticed by the Inspector-General of Police that he assured 
 the prisoner that he would see the Colonial Secretary, Mr. 
 Forster, and have a record of it made for the future benefit 
 of the prisoner; to this record your petitioners would humbly 
 refer your Excellency, the late Dr. West having told the 
 prisoner that it had been made. 
 
 3. That the prisoner has assiduously endeavoured to 
 make himself as useful as possible in the work appointed for
 
 324 AUSTRALIAN BUSHRANGING. 
 
 him, and has invented a contrivance which has greatly im- 
 proved the making of the selvedge on the matting, which was 
 previously very defective and much complained of. 
 
 4. That the prisoner has always given every satisfaction to 
 the Sheriff as well as to the Governor of the gaol, and other 
 ofificers and overseers during the whole time, now the ninth 
 year of his imprisonment. 
 
 5. That your petitioners beg also humbly to direct your . 
 Excellency's attention to the fact, that his Honor the Chief 
 Justice has more than once publicly remarked that, although 
 during the time there was so much bushranging he should 
 always inflict the severest penalty of the law, nevertheless, we 
 might perhaps be permitted respectfully to suggest that your 
 Excellency would not be unwilling to exercise your preroga- 
 tive of mercy now the crime of bushranging has been happily 
 and eflfectually suppressed. 
 
 6. That the prisoner's health has already suffered so much 
 from his long confinement as to cause him to be almost con- 
 stantly under the hands of the doctor for disease of the heart 
 and other serious symptoms, which have obliged him for a 
 time to be placed in the hospital of the gaol, and have totally 
 incapacitated him from continuous work. 
 
 Lastly. That your petitioners feel certain that if your 
 Excellency be pleased to grant him a pardon, he will thus be 
 afforded an opportunity of redeeming the past; and from 
 your petitioners' knowledge of his character they can con- 
 fidently assure your Excellency that they believe he will 
 never again commit himself; and from the very confident and 
 feeling manner in which his Honor Sir Alfred Stephen has on 
 many occasions addressed himself to petitioners' brother, 
 and remarked upon his reformation, they hope that he will 
 recommend the prayer of this petition to the most favourable 
 consideration of your Excellency. 
 
 Praying the Lord may guide to a wise and judicous con- 
 clusion in disposing of this petition, your Excellency's 
 petitioners as in duty bound, will ever pray, &c. 
 
 The petition was not presented till support had 
 been obtained for it in the shape of official recom- 
 mendations and favourable reports, and supplementary 
 petitions outside the family circle. In obtaining these 
 the two sisters spent not a little time. When the docu- 
 ment fell into the Governor's hands, therefore, it was 
 buttressed by the most powerful recoinmendations 
 procurable. That famous barrister, and then active
 
 THE LAST OF GARDINER. 325 
 
 legislator, William Bede Dalley, whose name now has 
 a place among the renowned dead of the motherland 
 in Westminster Abbey, was among its backers, and 
 the number of signatures amounted at last to nearly 
 five hundred. 
 
 But there was one recommendation which in point 
 of value must have put all other recommendations in 
 the shade. It was signed by no less a personage than 
 the then Colonial Secretary, Mr. William Forster, and 
 ran as follows : — 
 
 Having been referred to in a petition for the mitigation 
 of the sentence of Francis Christie, as holding the office of 
 Colonial Secretary when an outbreak occurred in Darling- 
 hurst Gaol, I have much pleasure in testifying to the fact of 
 Christie's good conduct on that occasion, as well as to his 
 general conduct during the entire period of his incarceration, 
 so far as it came under my notice in either case. I am glad 
 to record this opinion so that it may operate as it ought in the 
 prisoner's favour. And so far as these and other circum- 
 stances mentioned in the petition entitle his case to favourable 
 consideration of the Government, I am willing to add my 
 testimony and recommendation. 
 
 Then came a report from a medical gentleman, 
 Dr. Mofifitt, who evidently possessed the rare gift of 
 diagnosing moral complaints as well as physical, and 
 pronouncing upon their several stages. He reported 
 as follows: — "For about fourteen years I have been 
 medical attendant on the family of Francis Christie, 
 and have frequently visited him since his confinement 
 in Darlinghurst, and during my last three visits I was 
 glad to observe that he was greatly changed for the 
 better, having entirely lost that peculiar ferocity of 
 character which characterised him immediately after 
 his capture in 1864 ; and it is my opinion that he is now 
 completely recovered from his evil ways, and that it 
 would be perfectly safe to permit him to go at large."
 
 326 AUSTRALIAN BUSHRANGING. 
 
 It will be observed that the worthy physician omitted 
 
 to say anything concerning the prisoner's physical 
 health, a rather remarkable circumstance, seeing that 
 one of the grounds upon which the sisters urged his 
 release was that he was suffering from heart disease. 
 
 When the petition came into the hands of his Ex- 
 cellency's responsible advisers, the Colonial Secretary 
 (the late Sir Henry Parkes) referred it to the sheriff 
 and gaoler for report. 
 
 The Sheriff, in returning it, wrote the following 
 minute : — 
 
 FRANCIS CHRISTIE, ALIAS CLARKE, ALIAS 
 GARDINER. 
 
 In returning the petition in this case with the usual par- 
 ticulars of conviction. I have thought it desirable to accom- 
 pany the same with a special report from the principal gaoler 
 (herewith enclosed) upon the conduct and services, together 
 with a report from the visiting surgeon respecting the health 
 of the prisoner. 
 
 Having regard to the prominence of prisoner's career, 
 the circumstances attending the ofifences of which he was 
 convicted, and the great length of his sentence (thirty-two 
 years), the dealing with this case is of unusual importance in 
 respect of its bearings upon those of numerous other prison- 
 ers serving long sentences for ofifences of a similar character 
 imposed during the prevalence of bushranging, who will 
 form expectations or modify their hopes of commutaton ac- 
 cording to the decision that may be arrived at. 
 
 There is in the minds of those prisoners an expectation, 
 founded partly upon the remarks of the Judges when passing 
 sentences, and partly upon the action of the Government in 
 reductions made in some of the sentences referred to, that 
 such sentences are not intended to be served in full or even 
 up to the periods of remission provided by the regulations. 
 And if this view is to be entertained, it is desirable that the 
 subject should be considered, and this and the other cases 
 alluded to dealt with under a general idea of reduction of term 
 of sentence, modified in each case by the circumstances and 
 the prison career of the prisoner; the greater proportionate 
 reduction being allowed in the longer sentences according to 
 the principle laid down in the remission regulations.
 
 THE LAST OF GARDINER. 
 
 Z'i.y 
 
 It probably was never contemplated that this prisoner 
 should serve the full period of his sentence, and as he has 
 now served eight years, and the crime of bushranging has 
 been practically abated, the time for making any limitation 
 would not seem to be unfavourable. This remark applies to 
 the other cases in the same category. Such a course would 
 tend to settle the minds of the prisoners concerned, and give 
 them encouragement in reformation of conduct and industry. 
 
 In the cases of the prisoners referred to, the granting of 
 conditional pardons (to exile) would in many respects be 
 more desirable than the granting of actual remissions, and 
 
 SIR ALFKED STEPHEN. 
 
 would admit of cases being dealt with at earlier periods, and 
 without so apparent an interference with the ordinary oper- 
 ation of the remission regulations. The release of a prisoner 
 under a conditional pardon is not open, as regards its efifects 
 on the criminal class, to so strong objections as his release in 
 this colony wherein he might return to his former neighbour- 
 hood. 
 
 If any reduction be made in the sentence of this or any 
 other similarly situated prisoner, I would suggest that it be 
 made so that he could earn remission according to the regu-
 
 328 AUSTRALIAN BUSHRANGING. 
 
 lations upon the reduced period, in order not to withdraw 
 the incitement to good conduct and industry; thus, were his 
 sentence reduced to twenty or fifteen years, that he could earn 
 a further reduction of one-fourth. A conditional pardon 
 granted after a service of ten years would be about equivalent 
 to the reduction of a sentence to fifteen years on the terms 
 above mentioned. The advantage to the prisoner, indeed, 
 would generally be with the latter. 
 
 September 12, 1872. HAROLD MACLEAN. 
 
 It Was next sent forward for report to his Honour 
 the Chief Justice, who had passed the sentences upon 
 the prisoner. And this is what the Chief Justice said 
 about it : — 
 
 The Chief Justice to the Colonial Secretary, 
 
 Supreme Court, 30th November, 1872. 
 
 Sir, — I have attentively read and maturely considered all 
 the petitions in Gardiner's favour, with the recommend itions 
 attached to them; as also the reports of the head gaoler and 
 surgeon, and the very judicious remarks of the Sheriff in his 
 capacity of Inspector of Prisons. I have seen one or both of 
 prisoner's sisters, who are the principal petitioners, and the 
 persons to whom he is indebted for the numerous signatures 
 which are before me. I have also more than once, although 
 not of late, seen Gardiner, and personally received represen- 
 tations from him. And I feel deep sympathy for those af- 
 fectionate relatives, who arc, I believe, respectable members 
 of society. I moreover think it probable that Gardiner's 
 desire to abstain from evil is sincere, and perhaps may be 
 permanent. But rem.embering what I do of his career, what 
 his past character and his crimes have been, and the notoriety 
 which these have acquired, as well as the widely spread 
 mischief which his leadership and tutoring for so many years 
 occasioned, I dare not incur the responsibility of advising any 
 mitigation in his case. I do not mean that none should at 
 any time be granted, but the end and object of all punish- 
 ments are, first, the preventing of the individual, and 
 secondly, the deterring of other individuals, from the com- 
 mitting of similar crimes. And I am satisfied from long ex- 
 perience and observation, that the particular crime of bush- 
 ranging, with its frightful loss of life and property, and the 
 insecurity of both which it entailed, with its attendant terror- 
 ism, has been reduced to its present dimensions and state 
 solely by the rigorously severe punishments (in which I in- 
 clude the deaths of some of the criminals by the police as
 
 THE LAST OF GARDINER. 
 
 329 
 
 well as by the Courts of Justice) inflicted upon the perpe- 
 trators. In several instances, no doubt, the penal servitude 
 punishments have been mitigated, as the crime itself has 
 gradually diminished in frequency. But I am compelled by 
 a sense of duty, in this case peculiarly irksome, to point out, 
 that of Gardiner's companions two or three have been exe- 
 cuted for crimes in wh'ch he participated; that for the shoot- 
 ing both of Constable Hosie and Sergeant Middleton, he 
 himself narrowly (and most unrighteously) escaped a capital 
 conviction; and that of the thirty-two years to which he was 
 justly sentenced, he has as yet barely endured one-fourth. 
 
 I am, etc., 
 
 ALFRED STEPHEN. 
 
 RICHARD DRIVER. 
 
 WILLIAM FORSTER. 
 
 Four days after, the petition with all its attach- 
 ments was sent on to the Governor by the Colonial 
 Secretary, who specially directed his Excellency's at- 
 tention to the signatures of prominent public men, 
 notably those of Messrs. Dalley, Driver, Hill, Eckford 
 (members of Parliament), and also to the minute of the 
 former Colonial Secretary, Mr. W. Forster. The 
 petition duly reached the Governor's hands, and his 
 Excellency returned an answer next day in words few 
 but pointed. "When the prisoner has served ten
 
 330 AUSTRALIAN BUSHRANGING. 
 
 years," he wrote, "his case may again be brought for- 
 ward. If his conduct should in the meantime be good, 
 I should feel disposed to grant him then a pardon, 
 conditionally on his leaving the country. At present 
 I do not concur with the petitioners that the sentence 
 which the prisoner has undergone is sufficient for the 
 ends of justice." 
 
 An ineflfectual attempt was made early in 1874 to 
 obtain an unconditional pardon ; then suddenly the 
 news of the bushranger's release was sprung upon the 
 public — for hitherto the negotiations had been known 
 only to the chief authorities, the prisoner, and the 
 prisoner's relatives. The news came through the press 
 reports of proceedings in Parliament. Three months 
 more of the ten years of imprisonment which the Go- 
 vernor had fixed as the limit of Gardiner's punishment 
 only had to run when an inquisitive member of the 
 Legislative Assembly asked the Colonial Secretary if 
 it was true that the Government intended to release the 
 prisoner before the expiration of the sentence passed 
 upon him ; and if so, when was that intention to be car- 
 ried into efifect? The question was asked on April 
 29th, 1874. The answer was given at once; Mr. 
 Parkes produced and read petitions, recommendations 
 :.nd reports, some of which I have already given, and 
 stated that the termination of the ten years would be 
 about the 6th July following. 
 
 Then arose a storm as fierce and long-continued 
 as any that had burst over the political world of New 
 South Wales since the establishment of Responsible 
 Government. From both sides of the House the 
 action of the Government in assenting to the release
 
 THE LAST OF GARDINER. 331 
 
 of this notorious bushranger was denounced as an out- 
 rage, a fooHsh and injudicious interference with the 
 proper course of justice, an exhibition of weak- 
 mindedness and disregard of the people's welfare that 
 admitted of no excuse. 
 
 Mr. Parkes laid great stress upon the fact that his 
 predecessor in ofifice — Mr. Forster — had attached a 
 minute to the petition of two years previously, which 
 he contended was a recommendation that the prayer of 
 the petition should be granted. From the front Oppo- 
 sition benches Mr. Forster vigorously denounced this 
 interpretation, pointing out that he had simply placed 
 on record his endorsement of the statement made by 
 the petitioners that Gardiner's conduct since his im- 
 prisonment had been exemplary, being careful not to 
 give an opinion that it was right to liberate the man. 
 And certainly it would not be right, he contended, to 
 liberate him under the conditions of exile stated, unless 
 the Government could obtain a bond from others that 
 he would not return. Night after night the Opposition 
 harassed the Government by putting questions and 
 moving motions, and for the time being every other 
 question sank into insignificance. 
 
 Meanwhile the time for Gardiner's liberation was 
 rapidly approaching, and the Assembly waited with 
 not a few signs of impatience for the production of 
 promised papers relating to the other prisoners who 
 were to receive conditional pardons with Gardiner. 
 The return asked for came at last. As it records the 
 exploits of several bushrangers whose stories appear 
 elsewhere, I give it in the form in which it was laid 
 before Parliament. . .
 
 332 AUSTRALIAN BUSHRANGING. 
 
 RETURN OF PRISONERS PROPOSED FOR EXILE 
 OR LIBERATION. 
 
 William Brookman, for wounding with intent to murder; 
 convicted i6th January, 1868; term of sentence, death, com- 
 muted to 15 years' roads; period served 6 1-3 years; previous 
 convictions, none known. Recommendation of the Sheriflf 
 — May be allowed conditional pardon after 13th April, 1874; 
 question of liberation in colony to be postponed. Decision 
 of his Excellency — Approved; H.R., 1st October, 1873. 
 
 Samuel Clarke, for robbery, being armed, and horse 
 stealing; convicted, i8th April, 1866; term of sentence, 15 
 years' roads;period served,8 1-12 years; previous convictions, 
 none known. Recommendation of Sheriff — May be allowed 
 a conditional pardon; failing means, to be brought forward 
 for consideration for liberation in January, 1875. Decision of 
 his Excellency — Approved: H.R., ist October, 1873. 
 
 Daniel Shea, for robbery, being armed; conviction, 6th 
 November, i860; term of sentence, 15 years' roads, first 2 in 
 irons; period served, 8i years; previous convictions, stealing 
 2 years. Recommendation of the SherifY — May be allowed a 
 conditional pardon. Decision of his Excellency — Approved; 
 H.R., October ist, 1873. 
 
 William Willis, alias Dunkley, for robbery, being armed, 
 three charges; convicted i6th May, 1866; term of sentence, 15 
 years' roads; period served, 8 years; previous convictions, 
 stealing (3) — 9 months, 18 months, 6 months. Recommend- 
 ation of the Sheriff — May be allowed a conditional pardon. 
 Decision of his Excellency — Approved; H.R., October i, 
 1873- 
 
 Alexander Fordyce, for robbery and wounding; con- 
 victed 23rd February, 1863; term of sentence, death; com- 
 muted to life, first 3 years in irons; period served, iii years; 
 previous convictions, none. Recommendation of the Sheriff 
 — May be allowed a conditional pardon now; failing taking 
 advantage, case to be brought forward commencement of 
 June, 1874. Decision of his Excellency — Approved; H.R., 
 October i, 1873. 
 
 John Payne, for robbery under arms, two charges; con- 
 victed 14th January, 1868; term of sentence, 20 years, two of 
 ID years each, second sentence remitted by his Excellency; 
 period served, 6J years; previous convictions, none. Recom- 
 mendation of the Sheriff — May be allowed a conditional par- 
 don after service of 7 years. Decision of his Excellency — 
 Approved; H.R., ist October, 1873. 
 
 James Jones, for robbery under arms; convicted 31st 
 March, 1864; term of sentence, 15 years, first 3 in irons; period
 
 THE LAST OF GARDINER. 333 
 
 served, 10 1-12 years; previous convictions, none. Recom- 
 mendation of the Sheriff — May be allowed a conditional par- 
 don after service of 10 years. Decision of his Excellency — 
 Approved; H.R., ist October, 1873. 
 
 Robert Cotterell, alias Blue Cap, for robbery, being 
 armed; convicted 20th April, 1868; term of sentence, 10 years 
 on roads; period served, 6 1-12 years, previous convictions, 
 none. Recommendation of the Sheriff — Not a case for liber- 
 ation; may be allowed a conditional pardon. Decision of 
 his Excellency — Approved; H.R., ist October, 1873. 
 
 James Boyd, alias M'Grath, for robbery, being armed; 
 convicted 24th February. 1864; term of sentence, 10 years on 
 roads; period served, pi years; previous conviction, horse 
 stealing, 5 years on roads. Recommendation of the Sheriff — 
 May be allowed a conditional pardon. Decision of his Ex- 
 cellency — Approved; H.R., October I, 1873. 
 
 Thomas Cunningham, alias Smith, for robbery under 
 arms; convicted 9th April, 1867; term of sentence. 15 years' 
 roads; period served 7 1-12 years; previous convictions, none 
 known. Recommendation of the Sheriff — May be allowed a 
 conditional pardon; failing to avail, case to be brought for- 
 ward for liberation in January, 1876. Decision of his Excel- 
 lency — Approved, H.R., October i, 1873. 
 
 Charles Hugh Gough, alias Windham, alias Bennett, for 
 robbery under arms; convicted 9th April, 1867; term of sen- 
 tence, 15 years' roads; period served, 7 1-12 years; previous 
 conviction, assault with intent to rob, 3 years. Recommend- 
 ation of the Sheriff — To be allowed conditional pardon; fail- 
 ing to avail, case to be brought forward for liberation in 
 January, 1876. Decision of his Excellency — Approved, H.R., 
 October i, 1873. 
 
 Thomas Dargue, for robbery, being armed, convicted 
 28th March, 1867; term of sentence, 10 years' roads (first year 
 in irons); period served, 7 1-6 years; previous convictions, 
 none known. Recommendation of the Sheriff — May be al- 
 lowed a conditional pardon, case for liberation to be brought 
 forward in September, 1874. Decision of his Excellency — 
 Approved; H.R., September i, 1873. 
 
 Henry Dargue, for robbery, being armed; convicted 28th 
 March, 1867; term of sentence, 10 years' roads; period served, 
 7 1-6 years; previous convictions, none known. Recom- 
 mendation of the Sheriff — May be allowed conditional par- 
 don; case for liberation to be brought forward in September, 
 1874. Decision of his Excellency — Approved; H.R., Sep- 
 tember I, 1873. 
 
 John Kelly, for robbery, being armed; convicted nth 
 March, 1867; term of sentence, 14 years (first 2 in irons);
 
 334 AUSTRALIAN BUSHRANGING. 
 
 period served, 7 1-6 years; previous convictions, embezzle- 
 ment. 2 years. Recommendation of the Sheriff — May be al- 
 lowed conditional pardon; case may be brought forward for 
 liberation in May, 1875. Decision of his Excellency — Ap- 
 proved; H.R., September i, 1873. 
 
 James Smith, robbery, being armed; convicted 15th 
 April, 1867; term of sentence, 17 years' roads; period served, 
 7 1-12 years; previous convictions, horse-stealing (2 charges), 
 3 years' road. Recommendation of the Sheriff — Case to be 
 brought forward for consideration as to conditional pardon 
 in May, 1874. Decision of his Excellency — Approved; H.R., 
 September i, 1873. 
 
 John Foran, robbery, being armed, three charges; con- 
 victed i8th October, 1867; term of sentence, 15 years' roads; 
 period served, 6 7-12 years; previous convictions, none 
 known. Recommendation of the Sheriff — May be brought 
 forward for conditional pardon in January, 1874. Decision 
 of his Excellency — Approved; H.R., September i, 1873. 
 
 Edward Kelly, for robbery with arms; convicted, 14th 
 January, 1868; term of sentence, 15 years' roads; period 
 served, 6 1-3 years; previous convictions, none known. Re- 
 commendation of the Sheriff — Case for conditional pardon. 
 May be brought forward in April, 1874. Decision of his 
 Excellency — Approved; H.R., September i, 1873. 
 
 John Williams, for wounding with intent to murder; con- 
 victed 14th January, 1868; term of sentence, death, commuted 
 to 15 years' roads; period served, 6 1-3 years; previous con- 
 victions, none known. Recommendation of the Sheriff — 
 May be brought forward for consideration as to conditional 
 pardon in April, 1874. Decision of his Excellency — Ap- 
 proved; H.R., September i, 1873. 
 
 William H. Simmons, for robbery, being armed; con- 
 victed 6th April, 1868; term of sentence, 15 years' roads; 
 neriod served, 6 1-12 years; previous convictions, larceny (2 
 charges), 10 years' roads. Recommendation of the Sheriff — 
 May be brought forward for conditional pardon in April, 
 1874. Decision of his Excellency — Approved; H.R., Sep- 
 tember I, 1873. 
 
 William Taverner, for robbery, being armed; convicted 
 5th April, 1867; term of sentence, 10 years' roads, commuted 
 to 8 years; period served. 5 1-12; previous convictions, none 
 known. Recommendation of the Sheriif — May be allowed 
 conditional pardon; case for liberation to be brought forward 
 in April, 1875. Decision of his Excellency — Approved; H. 
 R., September i, 1873. 
 
 Daniel Taylor, for robbery, being armed, and horse 
 stealing; convicted 24th October, 1865; term of sentence, 15
 
 THE LAST OF GARDINER. 335 
 
 years' road; period served, 8 1-12 years; previous convictions, 
 none known. Recommendation of the Sheriff — May be al- 
 lowed conditional pardon; case for liberation to be brought 
 forward in January, 1875. Decision of his Excellency — Ap- 
 proved; H. R., September i, 1873. 
 
 John Bollard, for assault, with intent to rob, being 
 armed; convicted 19th October, 1869; term of sentence, 10 
 years' roads; period served, 4 7-12 years; previous convic- 
 tions, none known. Recommendation of the Sheriff — May 
 be brought forward for conditional pardon in October, 1874. 
 Decision of his Excellency — Approved; H. R., September i, 
 1873. 
 
 Francis Christie, alias Clarke, alias Gardiner, for wound- 
 ing, with intent to do grievous bodily harm, and highway 
 robbery; convicted 8th July, 1864; term of sentence, 32 years' 
 roads, first 2 in irons; period served, 10 years; previous con- 
 victions, horse stealing, 14 years. Recommendation of the 
 Sheriff — (Full reports, minutes, &c., in this case already laid 
 before Parliament). 
 
 John Bow, for robbery and wounding; convicted 26th 
 February, 1863; term of sentence, death, commuted to life 
 on roads, first 3 years in irons; period served, iii years; pre- 
 vious convictions, none. Recommendation of the Sheriff — 
 May be allowed a conditional pardon now (in August, 1873) ; 
 failing to take advantage thereof, case for liberation in the 
 colony to be brought forward in June, 1874. Decision of his 
 Excellency — I approve the Sheriff's recommendation in this 
 case; H. R., 19th August, 1873. 
 
 Undoubtedly, the majority of the bushrangers 
 named owed their release to the determination of the 
 authorities to open the prison doors for Gardiner. It 
 would not look well to release such a notorious of- 
 fender — and it had been ordained that by hook or by 
 crook he should be set free — without releasing others 
 who had been guilty of similar oflfences. Needless to 
 say, the prisoners concerned were not slow to avail 
 themselves of the advantage held out to them. 
 
 A word or two concerning the conditions of exile. 
 They at least were not formed for the occasion, but 
 were a relic of the former convict-prison days. An 
 Act of Parliament, passed in 1847 (^^- 34' ^^ Vic),
 
 336 AUSTRALIAN BUSHRANGING. 
 
 provided in the 4th Clause as follows : — "And be it 
 enacted that it shall be lawful for the Governor, or 
 officer administering the Government, to grant to any 
 prisoner under any sentence or order for transportation, 
 or of hard labour, who shall have served on the roads 
 or other public works of the colony for not less than 
 two years in any case, a remission of the remainder of 
 the term for which he shall have been so sentenced, or 
 ordered for transportation, or hard labour, on con- 
 dition that he shall not remain in or come within the 
 colony during the residue of his said term ; and it shall 
 be lawful for the said Governor to make such rules or 
 regulations as he shall think fit for the mitigation or 
 remission, conditional or otherwise, of any sentence 
 or order for punishment under this Act, as an incentive 
 to reward for good conduct, whilst the ofifender shall 
 be serving under such sentence or order, and to miti- 
 gate or remit the term of punishment accordingly." 
 
 It will be observed that this clause was not man- 
 datory, but only permissive, and it left the Governor 
 (who then possessed almost absolute powers) to exer- 
 cise his discretion. The Governor was at liberty to 
 allow any prisoner to depart after two years of punish- 
 ment, no matter what might be the length of his sen- 
 tence, the only condition being that he should not re- 
 turn to the colony until his term of punishment had 
 expired. Such return, however, could not be treated 
 as a new ofifence, and the only punishment for it was 
 imprisonment for the balance of the unexpired term. 
 As the clause stood, exile merely from the colony was 
 required ; but the regulations under it required exile 
 from all the colonies and New Zealand. It the earlier 
 days expatriation was in itself a punishment, but as
 
 THE LAST OF GARDINER. 2,2,7 
 
 settlements grew up in the neighbourhood of the 
 colonies, it became much less distasteful to prisoners. 
 Obtaining his freedom under this Act, Gardiner would 
 not be required to go farther afield than New Cale- 
 donia or Fiji, where he would be within a week's voy- 
 age of the powerful friends who had agitated so 
 strongly for his release. 
 
 The production of the papers relating to the re- 
 lease of the twenty-four prisoners was the signal for 
 the resumption of angry debate in the House. It was 
 an anxious time for the Parkes Ministry, for as the 
 debate proceeded they became aware of the fact that 
 many of their supporters were undecided as to their 
 vote. When heads were counted it was found that if 
 all those who had spoken against the proposed release 
 also voted against it, there would be a majority against 
 the Government ; and as a last resource the Govern- 
 ment raised the cry that the motion was intended to 
 oust them from office. This trick was only just suc- 
 cessful : when the division was taken, it was found that 
 the members were equal, there being twenty-six for 
 and twenty-six against. For a time there was a scene 
 of the wildest excitement, the climax of which was 
 reached when the Speaker gave his casting vote with 
 the Government, and thus defeated the motion. 
 
 But the agitation was still kept up outside the 
 House. Public meetings were held in every import- 
 ant centre, at which condemnatory resolutions were 
 passed, and petitions against the release were signed ; 
 and every prominent man in those centres either made 
 a speech or in some other way gave evidence of his 
 opposition to the action of the Governor and his ad- 
 visers. Petitions to the House and to the Governor
 
 338 AUSTRALIAN BUSHRANGING. 
 
 were prepared and carried at those meetin.8fs without 
 dissent, and no movement since that for the cessation 
 of transportation to the colony had taken such a firm 
 hold of the public mind. The character of the petitions 
 did not vary, and the following, which was passed at a 
 public meeting held at Bathurst on the evening of June 
 2nd, 1874, will serve to show how deeply public feel- 
 ing had been stirred : — 
 
 TO THE HONORABLE THE L-EGISLATIVE 
 ASSEMBLY OF NEW SOUTH WALES. 
 
 The petition of the undersigned — Francis Halliday, Mayor 
 of the city of Bathurst — (signed on behalf of a public 
 meeting of the citizens of the said city and residents in 
 the district of Bathurst), respectfully sheweth: — 
 
 1. That your petitioners regard with feelings of astonish- 
 ment and apprehension the proposed action of his Excellency 
 the Governor in liberating a number of prisoners of the 
 Crown now undergoing sentences for robbery under arms 
 and other like ofifences against life and property. 
 
 2. That your petitioners have but recently emerged from 
 a period of terrorism, in consequence of the raids of bush- 
 rangers upon their property, and the assaults of armed rob- 
 bers upon peaceful travellers by public conveyances, whereby 
 many valuable lives have been sacrificed to the brutality of 
 an armed banditti, by whom law and order have been set at 
 defiance. 
 
 3. That your petitioners believe such a state of disorder 
 and lawlessness will be revived by the simultaneous release 
 of a number of prisoners who have served but a mino«" por- 
 tion of the time to which they were sentenced, if the ill- 
 advised clemency of his Excellency the Governor is carried 
 into effect with regard to the liberation of the prisoners be- 
 fore mentioned. 
 
 4. That your petitioners are strengthened in the belief by 
 the fact that many released prisoners have already returned 
 to their evil courses, and that bushranging and mail robberies 
 are now becoming of very frequent occurrence, and in many, 
 even in most, instances may be traced to old offenders, who 
 have been set free after serving a moiety of their sentences. 
 
 5. Your petitioners strongly deprecate a policy of pseudo- 
 sympathy in their cases, and would respectfully urge upon 
 the members of your honorable House their individual re- 
 sponsibility as representatives and protectors of the people
 
 THE LAST OF GARDINER. 
 
 339 
 
 whose lives and prosperity are now jeopardised; and your 
 petitioners desire that your honorable House will use such 
 constitutional and lawful means as it may be in your power 
 and authority to employ in order to prevent — or, at least, 
 protest against — a release of Crown prisoners, which they 
 cannot but regard as a public calamity, and as tending to the 
 commencement of a new era of demoralisation and crime. 
 
 SIR HERCULES ROBINSON. 
 
 It was all so much useless expenditure of strength, 
 however. The Governor had given his promise, and 
 the promise must be kept. At the last meeting of the 
 Executive Council before the prorogation, his Excel- 
 lency laid before the members six petitions and me- 
 morials which had been sent to him and forwarded a 
 minute setting forth his views on the subject. As that
 
 340 AUSTRALIAN BUSHRANGING. 
 
 minute really formed the Governor's defence, it is 
 necessary in justice to him that I should give it in full. 
 It reads thus : — 
 
 MINUTE OF HIS EXCELLENCY SIR HERCULES 
 ROBINSON AND PROCEEDINGS OF THE 
 EXECUTIVE COUNCIL, WITH RESPECT TO 
 THE RELEASE OF THE PRISONER GARDINER. 
 
 I have to lay before the Executive Council six petitions 
 and memorials which have been addressed to me with regard 
 to the proposed mitigation of Gardiner's sentence. These 
 representations, viewed in connection with the public dis- 
 cussions which have recently taken place on the same sub- 
 ject, have led me carefully to consider whether any fresh 
 facts have been brought to light which would justify me in 
 disappointing now the expectations which I raised when this 
 prisoner's case was first submitted to me — about eighteen 
 months ago. 
 
 It is true that no positive compact was then made with 
 the prisoner, or any decision given in the nature of an abso- 
 lute remission, which would of course have been irrevocable; 
 but it is beyond question that a hope was held out to him by 
 my minute of the 5th December, 1872, that if he continued to 
 conduct himself well he would in all probability be allowed a 
 pardon, conditional on his leaving the country so soon as he 
 had served ten years of this sentence. 
 
 I think that this may fairly be held as being tantamount 
 to a promise contingent alone on the prisoner's good con- 
 duct in gaol; and that it was so viewed by myself at the time, 
 and by the Honorable the Colonial Secretary subsequently, 
 is apparent from my minute of the 7th December, 1872, in 
 which I stated, "I have already decided to grant a conditional 
 pardon at the termination of ten years' imprisonment." and 
 from the Colonial Secretary's minute of the 24th April last, 
 in which, when submitting to me a petition for Gardiner's 
 release, he observes, "the prisoner has been authorised a con- 
 ditional pardon, the condition being exile." The sherifT, too, 
 obviously viewed the matter in precisely the same light, and 
 referred in his letter of the 21st January, 1873, and in his 
 minute of the 20th April, 1874, to Gardiner's case as one that 
 had been practically decided and disposed of. 
 
 I may mention that it has been the practice here for 
 many years for the Governor, when dealing with applications 
 for mitigation which have appeared premature, to fix a date 
 at which the case might again be brought under his con-
 
 THE LAST OF GARDINER. 341 
 
 sideration. Hopes so held out have always been regarded by 
 the prison authorities, and by the prisoners themselves, as 
 equivalent to promises of pardon, conditional on good con- 
 duct; and in every such case the expectation so raised has 
 been, I believe, scrupulously fulfilled. I remember one case 
 in which Sir Alfred Stephen, as Administrator of the Govern- 
 ment, intimated to one of the most prominent and daring of 
 the bushrangers that his case might again be brought for- 
 ward for consideration as soon as he had served seven out of 
 the nineteen years to which he had been sentenced. The 
 papers came before me at the time specified, and, as the case 
 appeared to me a bad one, I declined to sanction any greater 
 remission than that contemplated under the general regu- 
 lations for bushranging cases, unless Sir Alfred Stephen's 
 intimation was held to be a promise. I was informed by the 
 Sheriff that this was unquestionably the view in which the 
 decision had been looked on in the gaol, and I accordingly 
 authorised the prisoner's discharge on a conditional pardon 
 four years before the date at which he would have been 
 eligible for exile under the special mitigation regulations laid 
 down for such cases. 
 
 Of course I am aware that, under certain circumstances, 
 it might be wise and proper to withhold the fulfilment of 
 such promises, whether positive or implied. For example, a 
 promise given under false representations would not be 
 binding: and a promise to release a prisoner which it was 
 subsequently found would, if carried out, imperil the public 
 safety, should be cancelled. The practical question for con- 
 sideration in the present case is, therefore, simply this: Are 
 there any such grounds which would justify me in now 
 withholding the conditional pardon which nearly two years 
 f'.go I led Gardiner and his friends to expect that he might 
 receive about this time? 
 
 I have seen it urged that Gardiner's case was decided 
 upon false representations, it being alleged that some of the 
 signatures attached to the petition were forgeries, and that 
 there was a previous conviction against Gardiner in Victoria, 
 which had been concealed. But I think these grounds, even 
 if they were facts, which they have not been proved to be, 
 would be quite insufficient to release me from my implied 
 promise. In a petition so numerously and influentially signed, 
 a few signatures more or less of persons of whom I had no 
 knowledge would have been immaterial; and I cannot say 
 that my dicision would have been different if it had been 
 stated on the papers that before Gardiner commenced his 
 criminal career in New South Wales, he had been convicted 
 in Victoria of horse stealing in 1850 — nearly a quarter of a 
 century ago. In view of the grave character of his crimes in
 
 342 AUSTRALIAN BUSHRANGING. 
 
 New South Wales, such a comparatively minor offence would 
 have appeared insignificant. I must, therefore, as I have 
 said, dismiss these pleas as insufficient. 
 
 The question remains — would the public safety be in any 
 way jeopardi.';ed if the expectation held out to Gardiner of 
 being allowed to exile after ten years were now fulfilled? I 
 think not. Sir Alfred Stephen observes in his letter on Gar- 
 diner's case that "the end and object of all punishment are, 
 first, the preventing of the individual, and secondly, the deter- 
 ring of other individuals, from the committing of similar 
 crimes." Have these ends been attained in the present case? 
 I think they have. The sentence of thirty-two years passed 
 upon Gardiner was imposed at a time of great excitement, 
 and his punishment would seem to have been measured more 
 in view of the crimes with which he was supposed to have 
 been connected than with reference solely to those of which 
 he was actually convicted. It was probably never intended 
 that such a sentence should be served in full; and, looking 
 dispassionately at all the circumstances of the case, I con- 
 sider that ten years of rigorous penal discipline within the 
 walls of a gaol — the first two years in irons — followed by ex- 
 patriation for a further period of twenty-two years, is a 
 punishment amply sufficient to satisfy the ends of justice, and 
 to deter others from following Gardiner's bad example. 
 
 Whether Gardiner's apparent reformation is sincere, is a 
 point which time alone can determine. I am myself disposed 
 to think after the experience he has gained, and under the 
 altered circumstances of the colony, he might be released 
 even in Sydney without any substantial danger; but there are 
 many persons who apparently think differently, and who be- 
 lieve that if Gardiner had an opportunity, he would revert 
 to bushranging; and these fears, which are entitled to con- 
 sideration, have been aggravated by a few isolated robberies 
 which have occurred just at the time when this case was at- 
 tracting public attention. Assuming, however, that these 
 apprehensions are reasonable and well founded, it appears to 
 me that they are fully met by the condition of exile, which 
 the Government will of course take effectual means to en- 
 force. A Legislative enactment authorises and empowers the 
 Government to take the necessary steps for this purpose, and 
 none of the old and settled countries will offer opportunities 
 for the peculiar crime of bushranging, even if Gardiner were 
 disposed to revert to it. I do not think sufficient weight has 
 been allowed throughout the community to this condition of 
 exile, which it is intended to attach to Gardiner's pardon, 
 and which supplies, in my opinion, effectual security for "pre- 
 venting the individual from the committing of similar 
 crimes,"
 
 THE LAST OF GARDINER. 343 
 
 The end and object of all punishment would therefore 
 seem to have been secured by the course which it is proposed 
 to adopt in the present case. The prisoner has, I hold, been 
 sufficiently punished, and he can, I conceive, with safety be 
 i^et free, upon condition of his leaving the country. If, while 
 entertaining, as I do, these opinions, I were to break faith 
 with the prisoner, and retain him in gaol beyond the time 
 specified for his liberation, I should be doing so, not because 
 I think such a course necessary, but simply in response to 
 clamour, which I believe to be unreasonable and unjust. It 
 is indispensable for the maintenance of prison discipline, that 
 every hope held out to prisoners should be scrupulously ful- 
 filled; that every promise made or implied, should be held 
 sacred, or broken only on grounds the sufficiency of which 
 would be apparent even to prisoners' minds. I can see no 
 such grounds in the present case; and I am convinced that 
 the moral bad effect upon the whole body of prisoners 
 throughout the colony, as well as upon the community gene- 
 rally, which would result from disappointing without suffi- 
 cient reason an expectation raised by her Majesty's represen- 
 tative, would be infinitely greater than any practical incon- 
 venience which would be likely to result from keeping faith 
 with the prisoner and allowing him to leave the country. 
 
 For these reasons I think that Gardiner should receive a 
 conditional pardon at the time when he was led to expect 
 one; and that the Government should at the same time take 
 steps to secure, as far as practicable, the continued absence 
 of the prisoner from the Australian colonies during the un- 
 expired term of his sentence. I am sorry to think that such 
 an exercise of the Royal prerogative of pardon is unfavour- 
 ably regarded at the present moment by certain sections of 
 the public, but it appears to me that the course which I sug- 
 gest is the only course now open to the Government con- 
 sistent with honour and justice, and I confidently anticipate 
 that the fairness of this view will eventually be acknowledged 
 by all impartial and reflecting members of the community. 
 
 HERCULES ROBINSON. 
 
 Government House, 23rd June, 1874. 
 
 The Executive under the circumstances could not 
 do otherwise than agree with his Excellency ; dis- 
 agreement would have involved stultification ; and 
 hence the clerk received instructions to record the 
 following minute : — "The Council having duly con- 
 sidered the petitions and minute referred to, are of
 
 344 
 
 AUSTRALIAN BUSHRANGING. 
 
 opinion that sufficient grounds do not exist to warrant 
 them in advising his Excellency to depart from the 
 promise implied in his Excellency's minute of the 5th 
 December, 1872, upon the case of the prisoner Gardi- 
 ner." 
 
 Meanwhile Gardiner was making preparations for 
 bidding adieu to the prison walls of Darlinghurst ; and 
 at last the day of deliverance arrived. On the morn- 
 ing of Monday, July 20th, 1874, the doors of the prison 
 which had been closed upon him for ten years were 
 
 GARDINER S MAT. 
 
 thrown open for him and the other prisoners who had, 
 on his account more than on their own, obtained a 
 remission of their sentences. But it was not to the 
 "bosom of his family" that he was restored. The 
 sisters who had pleaded so hard for him to be released 
 to their arms had to be content with a passing em- 
 brace. On the evening of the day that the prison 
 gates swung back to admit of his egress, Gardiner was 
 conducted to a cabin in the steamer Dandenong, then 
 running between Sydney and Newcastle, a few officials 
 and the relatives and friends who had been kept in 
 touch with the movements of the authorities only being
 
 THE LAST OF GARDINER. 345 
 
 present to witness the cnil^arkation. Two detectives 
 accompanied him, and on the steamer's arrival at New- 
 castle he was removed to the lock-up, there to be de- 
 tained pending the departure of the vessel (the Char- 
 lotte Andrews) in which he was to be conveyed into 
 exile, and which was not quite ready to start. 
 
 On the afternoon of the 27th the vessel was ready 
 to receive him, and the necessary steps were taken to 
 remove the prisoner from the lock-up to the place on 
 board prepared. Sub-inspector Thorpe and Detective 
 Elliott accompanied him from the lock-up to the ves- 
 sel, which was lying in the stream, with the tug along- 
 side, ready for sea. Meanwhile, the news that Gardi- 
 ner was being "shipped" had leaked out, and the New- 
 castle people were speedily on the qui vive, all being 
 more or less anxious to obtain a last look at the 
 liberated prisoner. A large crowd had assembled in 
 front of the court house prepared to follow Gardiner 
 and his guardians to the wharf; but the officers did not 
 desire display. Gardiner was taken out of the lock-up 
 by the back way, while a water-police constable, ac- 
 companied by a detective with a bulky carpet bag, 
 came out of the front door and proceeded to the wharf 
 by the usual road. The crowd at once concluded that 
 the man with the bag was Gardiner, and immediately 
 started in full pursuit, escorting the pair of "dummies" 
 to the ordinary landing place at the steamer's wharf, 
 while the real Simon Pure went off to the barque in a 
 boat from another point. 
 
 Very little more remains to be said concerning 
 Gardiner. If he landed in China he did not stay there. 
 The free and easy life of San Francisco suited him 
 better than life with the Children of the Sun, and in
 
 346 AUSTRALIAN BUSHRANGING. 
 
 San Francisco he was shortly afterwards found, snugly 
 located as the proprietor of a "saloon." For many 
 years he plied this calling, and — whether from choice 
 or necessity, who shall say? — came to the end of his 
 days an honest man ; a free man but an exile, while yet 
 the time of the sentence passed upon him was unex- 
 pired. More than one person who saw him in his 
 saloon in America has declared to me that he died a 
 few years ago, and in the absence of any proof to the 
 contrary I see no reason for disputing their testimony.
 
 CHAPTER IX. 
 
 THE CALOOLA ROBBERS. 
 
 [Passing reference has already been made to the outrage com- 
 mitted at Caloola — a small village about eighteen miles from 
 Bathurst — and the reader will remember that it was to deal specially 
 with their case that the Bathurst people first suggested to the 
 Government the holding of a special assize.] 
 
 In November, 1862, Mr. Henry Stephens kept an 
 inn and store at Caloola and drove a flourishing trade, 
 chiefly with travellers to and from the Trunkey and 
 Tuena goldfields. 
 
 On the morning of the 22nd, three men in the 
 garb of ordinary travellers alighted at the door, and 
 after spending a short time in conversation with 
 Stephens and his wife, sat down with them to break- 
 fast. During the meal, one of the men, who had pre- 
 viously been through the house to the back, com- 
 plained that he was unwell, and, begging to be ex- 
 cused, rose from the table and passed out into the 
 yard. Shortly afterwards unusual sounds were heard 
 proceeding from the passsage leading into the dining 
 room, and upon looking to ascertain the cause, Mr. 
 Stephens saw the man-servant entering the room, 
 closely attended by the man who had retired. The 
 servant's face betokened fear, his arms were pinioned, 
 and the stranger was holding a revolver to his head. 
 Almost before the landlord and his wife had realised 
 w 347
 
 348 AUSTRALIAN BUSHRANGING. 
 
 the situation the two men at the table sprang to their 
 feet and also drew revolvers. Mr. Stephens at once 
 made at attempt to rise, saying, with astonishment, 
 "Hello, what's up now?" when one of the men, with- 
 out saying a word, fired point blank at him. The shot 
 struck him in the mouth, and, with a groan, he fell 
 back on the floor in his blood. 
 
 Turning to Mrs. Stephens, who was almost para- 
 lysed with horror and fright, they ordered her to hand 
 over the money in the house, intimating that if she 
 hesitated, they would treat her like her husband, who 
 although not dead, was apparently mortally wounded. 
 The distracted woman had no alternative but to obey 
 their commands, and at once handed over £20, at the 
 same time sobbing out that they might have obtained 
 the money without committing murder, if that was all 
 they came for. They threatened to shoot her if she 
 did not keep quiet, and one of the ruffians took from 
 her pocket about forty shillings in silver. Having 
 searched the house, and appropriated all the valuables 
 upon which they could lay their hands, the three men 
 prepared to leave, but before passing out they took 
 from the store a pair of saddle bags, a box of razors, a 
 bottle of spirits, and other articles. As soon as oppor- 
 tunity offered Mrs. Stephens went to her husband, 
 and finding that he still lived, although terribly 
 wounded, she followed them to the door and begged 
 them to go or send for a doctor ; this they promised to 
 do, saying that her husband "would come round all 
 right by-and-bye." They then rode ofif into the bush. 
 
 As soon as the bloodthirsty trio had departed, the 
 man-servant set off to the nearest neighbour, while 
 Mrs. Stephens sought to assist her husband. A mes-
 
 THE CALOOLA ROBBERS. 349 
 
 senger rode post haste to Rockley, the nearest town- 
 ship, for the poHce ; but as there were none there at 
 the time, he galloped to Bathurst, and there gave in- 
 formation to the superintendent of police, who im- 
 mediately started for Caloola, accompanied by three 
 troopers and a black tracker. 
 
 The news of the outrage spread rapidly, and it 
 was chiefly owing to this that the authorities were 
 enabled to pick up the tracks of the three men, who 
 had disappeared from Caloola long before word of the 
 occurrence had reached the police. While the police 
 were still in the dark as to the direction they had 
 taken, two civilians on the Fish River side had seen 
 them and taken steps to intercept their flight. On 
 Sunday morning — the day following the robbery — 
 Mr. William Webb, of Mutton's Falls, observed three 
 suspicious-looking characters near the river crossing, 
 and shortly afterwards Mr. Edward Locke, who had 
 also seen them, suggested that they might be the men 
 concerned in the Caloola outrage. Mr. Webb at once 
 decided to communicate with the police, and hurriedly 
 rode to Diamond Swamp, the nearest police station, 
 and gave information of the proximity of the suspicious- 
 looking strangers. Having secured the services of 
 Constables Woods, Wright, and D'Arcy he returned 
 with them towards the Fish River. When about 
 eight miles from Diamond Swamp, they met one of the 
 three travelling by himself, and ordering him to pull 
 up they asked him where his mates were. He denied 
 that he had any mates, but afterwards said they had 
 gone towards Bathurst. He was secured and shortly 
 afterwards said that the other two men were on the 
 road, and were not very far distant. Leaving the
 
 350 AUSTRALIAN BUSHRANGlNG. 
 
 prisoner in safe custody Mr. Webb and the police 
 galloped onwards, and very soon came upon the other 
 two men, whom they cleverly captured before the vil- 
 lains were able to use their fire-arms. It was very 
 soon ascertained that these were the three men for 
 whom the Superintendent and his troopers were 
 searching in another part of the district ; and having 
 been kept in safe custody during the remainder of the 
 day and night, they were on the Monday morning 
 escorted into Bathurst and lodged in durance vile. 
 They were shortly afterwards confronted by Mr. 
 Stephens, who without hesitation identified them as 
 the men who on the Saturday had visited his place, 
 and after shooting him robbed the house. The saddle 
 bags also and some of the other articles found in pos- 
 session of the men were identified as part of the pro- 
 perty that had been stolen. As may be supposed, the 
 rejoicing was general that the reign on the road of 
 these blood-thirsty scoundrels had been so short ; and 
 the prompt movements of Mr. Webb and the police 
 who accompanied him were very highly commended 
 by the residents of the district. Had Messrs. Webb 
 and Locke nursed their suspicions until the oppor- 
 tunity came to them of communicating them to the 
 authorities, in all probability the three rufifians would 
 have escaped, if not altogether, for a time sufificient 
 for them to work more mischief. Having himself 
 had some experience of bushrangers (under circum- 
 stances which will be narrated hereafter) Mr. Webb 
 knew the value of "heading his men." He made the 
 opportunity instead of waiting for it, and the result 
 was the speedy arrest and imprisonment of three ruf- 
 fians who were escaping from justice.
 
 THE CALOOLA ROBBERS. 3SI 
 
 Without delay the three men were brought before 
 the Bathurst Police Court for a preliminary hearing. 
 They gave the names of Alexander Ross, Charles 
 Ross, and William O'Connor. Constables George 
 Wood and James Wright were examined and gave 
 evidence as to the manner in which the prisoners were 
 captured, and described the properties found upon 
 them, and the case was remanded for seven days. The 
 excitement amongst the townspeople in this case was 
 very great, large numbers flocking to the court house 
 to hear the evidence and get a sight of the prisoners. 
 It was at this juncture that the question was first seri- 
 ously mooted in Bathurst concerning the advisable- 
 ness of memorialising the Government to appoint a 
 Special Commission for the speedy trial of these men, 
 with others who were at that time in custody on seri- 
 ous charges of bushranging in the Western District. 
 
 The prisoners were again brought up when the 
 period of remand had expired, the charge preferred 
 against them being that of attempting to murder 
 Henry Stephens. The latter had at this time re- 
 covered sufficiently to give evidence against them. 
 He deposed to the truth of the statements he had pre- 
 viously made in the case, and, positively identifying all 
 the prisoners, stated that Alexander Ross was the man 
 by whom he was shot. The witness further stated 
 that when he was shot he fell to the floor insensible, 
 and when he came to himself he was nearly choked 
 with a quantity of clotted blood in the throat, and 
 while pulling the blood from his mouth to prevent 
 suffocation, one of the prisoners rifled his pockets on 
 one side and then roughly turned him over on the 
 floor to search the other pockets.
 
 352 AUSTRALIAN BUSHRANGING. 
 
 Then Dr. Machattie gave evidence, as follows • — 
 I know the last witness, Henry Stephens ; on Saturday 
 the 22nd November, about noon, he was brought to 
 my surgery in a gig; he v/as in a very weak and ex- 
 hausted state and suffering from a gun-shot wound ; I 
 had him removed as soon as he was able to bear it to 
 his brother-in-law's residence, and called in to my as- 
 sistance Dr. Busby and Dr. Palmer; on the following 
 morning early I extracted a bullet from the right side 
 of Mr. Stephens' neck ; the bullet I now produce ; it is 
 very much flattened, and seems to be about the quan- 
 tity of lead that would be in the ball of a revolver; the 
 ball entered on the left side of the face about a quarter 
 of an inch from the side of the mouth, breaking several 
 of the teeth, passed through the root of the tongue, 
 across the upper part of the gullet into the right side 
 of the throat, a little behind and close to the carotid 
 artery and jugular vein, where it lodged until I ex- 
 tracted it in the presence of Dr. Busby and Dr. 
 Palmer ; it was a very dangerous wound ; the shot 
 must have been fired in close proximity to the face, 
 which was very much scorched and a quantity of the 
 powder still remaining in it. 
 
 The prisoners declined to ask any questions or 
 make any statement in their defence, and were there- 
 upon committed to take their trial at the next Circuit 
 Court on the 5th March, 1863, or at any time and at 
 such court as Her Majesty's Attorney-General might 
 appoint. 
 
 At the close of the examination Alexander Ross 
 asked the Police Magistrate if he could apply to be 
 tried at any other place than Bathurst ; the Police 
 Magistrate replied that he could, and if he desired to
 
 THE CALOOLA ROBBERS. 353 
 
 do so Mr. Chippendale (the gaoler) would furnish him 
 with pen, ink, and paper for that purpose. 
 
 Then followed the memorial to the Government 
 by the Bathurst people, which resulted in the appoint- 
 ment of a Special Commission to try, not only the 
 Caloola robbers, but a whole batch of bushrangers 
 from different parts of the district. 
 
 The Caloola case was set down for hearing in 
 Sydney on February 2nd, 1863, and it fell to the lot of 
 the Chief Justice, Sir Alfred Stephen, to preside at the 
 trial. The indictment against the three men was that 
 of assaulting, putting in bodily fear, robbing and 
 wounding with intent to murder Henry Stephens ; and 
 upon being called upon to plead the following dia- 
 logue between one of the prisoners and the judge took 
 place : — 
 
 Alexander Ross said that before pleading he 
 would wish the case to be remanded for a few hours, 
 in order that he might have an opportunity of speak- 
 ing to his attorney relative to his defence. 
 
 His Honor: In the first place you must plead to the 
 indictment. You are here charged with a capital 
 crime, and of course, if you have any ground to show, 
 I would not wish to deprive you of any reasonable 
 opportunity of defending yourself. Who is the per- 
 son you would wish to consult? 
 
 Prisoner : The priest who visited the gaol yester- 
 day. 
 
 His Honor : I must take leave to remark that it 
 appears to me that you have delayed to the very last, 
 purposely. I have spoken to the Police Magistrate at 
 Bathurst, and I find that you have now been sent 
 down this last fortnight, and that you yourself re-
 
 354 AUSTRALIAN BUSHRANGING. 
 
 quested that you might be tried in Sydney. In this 
 fortnight you must have surely had full opportunity for 
 providing for your defence. 
 
 Prisoner : That is true ; but it was only last even- 
 ing that I heard I was to be supplied with counsel. 
 His Honor: Who is to undertake it? 
 Prisoner : I cannot say. The priest who came to 
 the gaol yesterday said I was to be supplied with 
 counsel. 
 
 His Honor : But you do not seem to know who is 
 to undertake your case, or in fact if anybody is to do 
 so. 
 
 Prisoner : I was told that it would be Mr. Dalley. 
 His Honor : Do you know anything of this, Mr. 
 Dalley? 
 
 Mr. Dalley : No, your Honor. 
 His Honor : Prisoner, you have been guilty of 
 very unjustifiable delay, and if anything prejudicial to 
 your case occurs through it, you have only yourself to 
 blame. Some person, a clergyman it appears, visits 
 you in gaol, and perhaps tells you that he will do what 
 he can to provide you with counsel, and on that you 
 ask for an adjournment. You can scarcely expect any 
 good result to follow. Is there any person to whom 
 you can send for assistance? 
 
 Prisoner : Yes. If I only knew the priest who yes- 
 terday visited the gaol. I have no doubt the authori- 
 ties of the gaol know who this was. 
 
 His Honor : I have not read the deposition in 
 your case, for I purposely abstain from doing this in 
 all cases that I try ; I am, therefore, not in a position to 
 say whether your trial will occupy a long time or not. 
 I will, however, do this : there is another case with
 
 THE CALOOLA ROBBERS. 355 
 
 which the Crown is prepared to proceed, and I will 
 postpone your trial until after that case has been dis- 
 posed of. It will occupy about two hours, and in the 
 meantime you can communicate with the person who 
 is to defend you. Perhaps Mr. Dalley would not ob- 
 ject, as this is a capital charg-e, to watch the case for 
 you. 
 
 Mr. Dalley : I shall be happy to do what I can for 
 the unfortunate men. 
 
 His Honor: Then let the case stand over for the 
 present, and let the prisoners have an opportunity of 
 communicating with their counsel. 
 
 Sufficient time having- elapsed for the prisoners to 
 make arrangements, the case was again called on, and 
 a second and third count were added to the indict- 
 ment, the second charging the prisoners with the 
 wounding at the time of the robbery, and the third 
 with the wounding after the robbery. 
 
 The case was conducted for the Crown by the At- 
 torney-General, assisted by Mr. Butler. The counsel 
 assigned by the Court for the defence was Mr. Dalley. 
 
 The Attorney-General opened the case, and 
 stated the main facts to the jury. The prisoners were 
 charged with stealing, and accompanying the robbery 
 with wounding. The facts of the case were very 
 simple. It appeared that at Caloola in September 
 last, the prisoners were at an inn kept by a Mr. Steph- 
 ens, and that one of the prisoners having left the room, 
 suddenly returned with a pistol in his hand. Mr. 
 Stephens jumping up and saying, "Hullo, what is 
 this?" he was at once shot through the throat, and 
 afterwards robbed. The evidence was very strong
 
 356 AUSTRALIAN BUSHRANGING. 
 
 that these were the three persons concerned in the 
 robbery, as would be found when the witnesses came 
 to be examined. He would remind them that if two 
 of the parties were engaged in an unlawful offence, 
 and one of them proceeded to any act of violence, 
 they were, in the eyes of the law, guilty of a com- 
 plicity in the more criminal act. All the circum- 
 stances, and the identity of the prisoners, proved by 
 four witnesses of unimpeachable character, would be 
 found to be so clearly proved, that a conviction was, 
 he thought, inevitable. There might be an attempt 
 made to prove the pistol went off accidentally, but 
 the truth or even probability of such a thing would, he 
 had every reason to believe, be amply disproved by 
 the evidence. 
 
 Henry Stephens, being sworn, stated that he was 
 a publican, residing at Caloola. Witness saw the 
 prisoners at seven o'clock on the morning of the 22nd 
 of September last. Two of them — the two Rosses — 
 came on horseback, and the other man (O'Connor) on 
 foot. Witness did not then know their names, but 
 identified them. They came before the door and 
 O'Connor came in with a bridle in his hand. They 
 asked for nobblers. The prisoner O'Connor said, in 
 answer to a question put to him by the witness, that 
 he had lost his horse the night before, and that he had 
 been nobblerizing on the road. He told witness that 
 his name was Thompson. There was a great deal of 
 talk between them whilst witness was getting break- 
 fast ready. The prisoner, Alexander Ross, said he 
 was not very well, and witness gave him some physic 
 which he had in the house. They subsequently, all 
 three, sat down to breakfast with the witness, Mrs.
 
 THE CALOOLA ROBBERS. 357 
 
 Stephens, and a man named Young. Whilst they 
 were eating their breakfast Alexander Ross got up and 
 said, putting his hand on his stomach, "You must ex- 
 cuse me, I am not very well," and so retired. Wit- 
 ness saw him come back afterwards with the cook. 
 He pushed the cook in, and said to him, "Go in there, 
 
 you wretch." He had something in his hand. 
 
 and held it out. Witness jumped up, and said, 
 "Hulloa, what is this?" The man, Alexander Ross, 
 then suddenly drew his hand from the back of the 
 cook's neck. Witness had just time to see that he 
 had a pistol in that hand, and to say "Hulloa, what is 
 this?" when the pistol was fired ofif. and he was hit m 
 the mouth. The man Alexander Ross was about .i 
 foot from the witness when he so fired. Witness had 
 only time just to shut his eyes before the pistol went 
 of¥. Witness fell, and came to himself, after the shock, 
 a few minutes afterwards. Witness was then lying on 
 his left side, and heard someone in the bedroom say 
 "Come, we must have it all." One of the men then 
 came to him, and turned him over and searched his 
 pockets. Witness was at that time lying in his blood 
 on the floor — he was, in fact, nearly suffocated. There 
 was some money in his pocket when he was thus 
 robbed. Saw some new saddle bags which belonged 
 to him at the Court House at Bathurst. These had 
 been in witness's store at the time that the prisoners 
 came to his house. There was a martingale and two 
 cheques missing from his house after that morning. 
 The saddle bags had a private mark on them. The 
 cheques were in the witness's bedroom. The notes 
 missed witness could not swear to, but he could swear 
 to the cheques. Witness believes the martingale pro-
 
 358 AUSTRALIAN BUSHRANGING. 
 
 duced to be his, but cannot swear to it. The martin- 
 gale resembles one which witness had lost out of his 
 house. Witness was taken into Bathurst to Dr. 
 Machattie, and saw the prisoners on the Monday fol- 
 lowing. Witness could not then speak, but he did 
 recognise them nevertheless. Could not then speak, 
 but wrote down who they were. It was Alexander 
 Ross who shot witness, but witness also saw Charles 
 Ross with a revolver, which he presented at Young. 
 O'Connor rose with Charles Ross, when Alexander 
 Ross came in with the cook. The man Charles Ross 
 pointed the pistol he had in his hand towards Young. 
 After witness came to, Alexander Ross said to the 
 
 cook "You rogue ; I have a great mind to shoot 
 
 you." Young took up a chair and waved it about, 
 and said "For God's sake don't fire." Witness 
 scrambled up and got away, as well as he could, to the 
 sofa, where he fainted. He heard no more. Witness 
 did not hear the cook say anything calculated to exas- 
 perate the prisoners after witness had been shot. 
 Witness was unable to speak distinctly for a long 
 time. It was a few days previous to this trial that he 
 was able once more to speak distinctly. For a long 
 time he could only speak in whispers. 
 
 By Mr. Dalley : I did not see any scuffle between 
 the cook and Alexander Ross when they came in. 
 The cook was pushed in by the prisoner Ross by the 
 one hand — not that in which he held the pistol. Wit- 
 ness was sitting in his chair at the breakfast table. 
 The prisoner Ross and the French cook, St. Maur, 
 were not more than a yard apart at the time. The 
 other persons at the breakfast table were on the other 
 side. The seat ocupied by witness was in a line with
 
 THE CALOOLA ROBBERS. 359 
 
 the door. At the very instant that the cook and the 
 man Alexander Ross came in, Ross lowered his hand, 
 and fired. They came in from a passage, by the bar, 
 from the back of the house. The man Ross was using 
 loud language to the Frenchman as they came towards 
 the door. Witness thought that there was some dis- 
 pute between them, that the cook objected to his being 
 in the kitchen or something of that sort. The prison- 
 ers, Charles Ross and O'Connor, rose as the two came 
 in. Witness's wife shrieked, but not until after witness 
 was shot. Witness must have come to soon after 
 being shot, as the men were in the bedroom when he 
 again became sensible. Witness gave evidence 
 shortly afterwards when he was still unable to articu- 
 late. He wrote down what he had to say. Witness 
 did say that the prisoner Alexander Ross was the man 
 who had threatened to shoot the cook, as the cause of 
 his having shot witness. Witness thinks that what 
 
 Alexander Ross said was "I'll shoot you, you 
 
 dog, because you have been the cause of me shooting 
 him." Witness did not mention this in giving his 
 evidence in chief just now, because it did not occur to 
 him. Witness believes that his wife asked the men to 
 go for a doctor for him after he was shot. 
 
 By the Attorney-General : Is quite sure that the 
 prisoner Alexander Ross had the pistol pointed as he 
 came in. One of the other two men also pointed a 
 pistol at Young. The pistol was lowered down to- 
 wards me (witness) with both hands by Alexander 
 Ross as witness sat — at about a foot distance from 
 him. The cook was, at the time the shot was fired at 
 witness, past witness. There was no intervening ob- 
 ject between the cook and witness.
 
 36o AUSTRALIAN BUSHRANGING. 
 
 Caroline Stephens deposed that she remembered 
 the 22nd of September last. She remembered the 
 three prisoners being at her house that day. The 
 man Alexander Ross left the room during breakfast 
 with some excuse, and afterwards returned with the 
 cook. This man pushed in the cook, and a shot was 
 fired and the husband of witness was wounded. The 
 man Alexander Ross had a pistol in his hand. Wit- 
 ness's husband was shot just as he was rising. He fell 
 down and, on attempting to rise, fell down again im- 
 mediately. Witness said, "My poor husband, you are 
 shot." I saw one of the other prisoners raise a pis- 
 tol after my husband was shot. This was the prisoner 
 in the middle of the dock — Charles Ross. Witness 
 thinks he was presenting it at the cook. After the 
 pistol was fired witness saw Young raise the chair, and 
 beg them not to fire. Charles Ross, after the shot 
 was fired, went into witness's bedroom. O'Connor 
 ran out of the room when the shot was fired, but he 
 afterwards returned. Charles Ross was in witness's 
 bedroom for some time getting the money. Witness 
 said to him, "If it was money you wanted, why did you 
 not ask for it, and not kill the poor fellow?" What 
 witness gave him consisted of cheques and notes. 
 Witness gave him the money without taking note of 
 what it was. There were notes and cheques. The 
 man Charles Ross searched witness's pockets and took 
 silver from them. Witness gave him the cheques and 
 notes together. Witness then went into the bar. The 
 next time witness saw Charles Ross was at thebardoor. 
 Charles Ross did not treat witness with any personal 
 violence. Witness asked Alexander Ross and the 
 two other men to allow her to go for a doctor. They
 
 THE CALOOLA ROBBERS. 361 
 
 said that Mr. Stephens was not hurt, and that he 
 would be better by-and-by. They said they would go 
 for a doctor as they were going away, and went to- 
 wards Bathurst. Did not see O'Connor going away 
 with the two Rosses. O'Connor had a bridle in his 
 hand, and was there with them before and after the 
 shot was fired. O'Connor said to witness in the bar 
 that he could not catch a horse that was then in the 
 yard. Witness missed a pair of trousers and a pair of 
 razors. Is quite sure that the prisoners in the dock 
 were the three men. They called out the cook, and 
 tied his hands behind him. Did not hear them 
 threaten him. Young lifted the chair after the shot 
 was fired. He lifted it up as a means of defence be- 
 tween Alexander Ross and the cook. To the best of 
 witness's recollection, the cook put something over the 
 face of Mr. Stephens after he was wounded. 
 
 By Mr. Dalley : Saw Alexander Ross pushing the 
 cook into a room. Saw this taking place just before 
 they came in. The pistol went ofT just after they 
 came to the door. Witness's husband was rising from 
 his chair as he was shot. The cook was then on the 
 other side of witness. Witness was not watching the 
 pistol at the time it went off. Saw witness's husband 
 fall. Saw Alexander Ross pointing the pistol towards 
 her husband. It was of the pistol that Charles Ross 
 had that witness said she did not know where it was 
 pointed. Witness saw the pistol when Alexander 
 Ross came in pointed at the neck of the cook. Wit- 
 ness did not see any alteration of its direction from the 
 time that witness first saw it until the instant that her 
 husband was shot. Did not see O'Connor do any- 
 tliing but rush out of the room when the pistol was
 
 362 AUSTRALIAN BUSHRANGING. 
 
 fired. O'Connor did not leave the house with the 
 other two prisoners. 
 
 By the Attorney-General: O'Connor left the 
 room after the pistol was fired, but came back after- 
 wards. It was after the,husbaud of witness was shot 
 that O'Connor said he was not able to catch one of the 
 horses in the yard. It was not for the purpose of 
 going for a doctor that he was trying to catch one of 
 the horses. 
 
 John Young (a gold digger for twelve years), 
 being sworn, deposed that he knew the three prison- 
 ers quite well. Remembered the 22nd September ; the 
 three men being at breakfast at Mr. Stephens on that 
 day. Witness was there at breakfast. Alexander 
 Ross complained of being unwell, and asked leave to 
 quit the table. Leave was granted, and he left ac- 
 cordingly. He afterwards returned to the room with 
 the cook, holding a pistol at the back of his (the 
 cook's) neck. The cook said "Don't shoot me be- 
 hind." The direction in which Alexander Ross held 
 the pistol, as he came in with the cook, was not such 
 as could cause Mr. Stephens to be shot where he then 
 sat, unless it was lowered. Witness's opinion is, that 
 after Mr. Stephens was shot the prisoner, Ross, wanted 
 to shoot the cook, saying he had a mind to take his 
 life. The cook was covering himself behind witness 
 with a dish. Witness covered himself with a chair as 
 well as he could. Witness told them if they 
 wanted the money they could take it without letting 
 
 their pieces ofT. They made witness no answer. 
 
 Charles Ross went into the bedroom, and Mrs. Steph- 
 ens went to attend to the child, which was near being 
 smothered in the bed. Alexander Ross afterwards
 
 THE CALOOLA ROBBERS. .163 
 
 came and robbed Mr. Stephens as he hiy chokhig in 
 his blood hke a dog. Witness did not see O'Connor 
 do anything in the affair. Witness saw Mr. Stephens 
 g-et up after he was shot and creep round to the sofa. 
 Witness saw Alexander Ross threaten the cook four 
 or five times after Stephens was shot. Did not hear 
 anything said about horses ; nothing about the in- 
 ability of O'Connor to catch some wild horses in the 
 paddock. 
 
 By a juror: Did not see the cook pushed past the 
 landlord just before the pistol went off. 
 
 By the Judge : Saw the pistol presented at the 
 master (Mr. Stephens) as he was rising. The pistol 
 was pointed downwards towards the cook — between 
 the cook and the master. Will not swear that the pis- 
 tol was pointed at the master. Was at the corner of 
 the table just past the master at the time. Alexander 
 Ross was not in the room. The cook was just inside 
 the room, not quite a yard or so from Ross. Witness 
 then saw the pistol. It was then pointed down. Can- 
 liot say whether the pistol was pointed at the master 
 or at the cook. 
 
 By Mr. Dalley : The cook was about a yard from 
 Mr. Stephens, between the prisoner (Alexander Ross) 
 and Mr. Stephens. Witness was not watching the 
 pistol, but he saw it nevertheless. Saw the direction 
 of the pistol altered when master spoke. Until he 
 spoke it was pointed between the master and 
 the cook. After the master was shot and 
 robbed, witness did not hear any of the 
 
 prisoners say to the cook, "I'll shoot you, 
 
 dog, because you have been the cause of the man be- 
 ing shot." The cook was crouching behind witness, 
 
 X
 
 364 AUSTRALIAN BUSHRANGING. 
 
 and witness had the bottom part of the chair held to- 
 wards Alexander Ross as he threatened to shoot them 
 — either him or the cook. Witness tried to save him- 
 self as well as the cook, for he believed the man did 
 not care where he shot. Neither of the prisoners 
 threatened specially to shoot witness. Did not say at 
 his examination at Bathurst that the prisoners had 
 either tried to shoot him or had threatened to shoot 
 him. Was not afraid for himself — his whole concern 
 was for the poor fellow that was choking at the time. 
 
 At the desire of the counsel for the prisoner, the 
 deposition of the witness Young at the police court at 
 Bathurst was here put in and read, with a view to show- 
 ing that the witness had there positively sworn that the 
 prisoner Alexander Ross had threatened to shoot wit- 
 ness, and that witness was in dread that he would do 
 so. 
 
 Examination continued : Witness did not ever say 
 that Alexander Ross intended to shoot him. If he 
 did say so, it was a mistake. Never saw any one shot 
 before. Was never present at any robbery with fire- 
 a'-ms before; was calm and collected, and perfectly 
 aware of what took place. The interval between 
 Alexander Ross entering the room and the explosion 
 was about five seconds, or might have been more. 
 Protected his head and body with the chair. Prisoner 
 worked the pistol to and fro, and witness worked the 
 chair. Dodged his head in watching the movements 
 of the pistol. (Witness here explained with a chair this 
 part of his evidence.) Saw O'Connor leave the room 
 directly the shot was fired. He went to the door 
 leading to the front of the house. There is a back 
 door besides. Did not hear O'Connor threaten or
 
 THE CALOOLA ROBBERS. 365 
 
 say anything. There was a means of exit by the back 
 door through the bar, but not otherwise. 
 
 By Mr. Butler: O'Connor could see what was 
 going on from where he stood. 
 
 By His Honor: At the moment when the cook 
 was driven in, and Mr. Stephens was about to rise, I 
 rose and saw Charles Ross and O'Connor rise; they 
 rose as Stephens fell ; saw the pistol then ; it was 
 pointed at one of us ; the cook was just coming past 
 as Stephens fell. Did not see O'Connor do anything. 
 He stood at the door near the threshold. Charles 
 Ross went into the storeroom. Cannot say the pistol 
 was touched by any one but the party who held it. 
 Am sure it was pointed towards some of us before it 
 went of¥. The pistol when I saw it was pointed be- 
 tween the cook and Mr. Stephens. It might have 
 been pointed at him or the cook. It hit Mr. Stephens. 
 
 Semond, the cook, deposed : Have been in the 
 colony about a year. Was engaged as cook at Mr. 
 Stephens'. Saw the three men there. The two 
 Rosses I saw first. Saw them all at breakfast with 
 the "missus," Young, and Mr. Stephens. Next saw- 
 Alexander Ross in the kitchen ; asked him to come in ; 
 I was amusing myself, and had the big knife in my 
 hand. He said, "What are you doing with the knife 
 — are you going to kill anyone?" I threw the knife 
 down, and he then drew a revolver from his breast," 
 
 and said, "Walk in, you ." I said, "What for?" 
 
 He said. "March in, and I'll show you what for." He 
 followed me in, holding the pistol close to my head. 
 I could feel it several times against my head. When 
 we reached the room I was shoved in, and Mr. 
 Stephens rose up and said something. The pistol
 
 366 AUSTRALIAN BUSHRANGING. 
 
 was then fired, and he fell. On reaching the room. 
 Alexander Ross kept presenting the pistol at me, using 
 very bad language and saying, "You'll have to die 
 before I go." I was behind Young, who was protect- 
 ing himself with a chair. Only one shot was fired. 
 When Stephens was. as I thought, dead on the floor. 
 Alexander Ross went down on his knees and searched 
 his pockets. I saw him take some silver from Steph- 
 ens' pockets. Charles Ross, on leaving the room, 
 went into the bar, and took two or three bottles of 
 spirits. Did not see him take any saddles and saddle 
 bags ; Charles Ross tied my hands while Alexander 
 pointed the pistol at me. They searched me. After- 
 wards they went away, one of them having brought 
 round the horses. I next saw the prisoners at 
 Bathurst a week after the occurrence. 
 
 By Mr. Dalley : Did not see the pistol go off, 
 Alexander Ross gave me a push into the room, and 
 immediately after the pistol went off. Stephens was 
 beyond me in the direction I was going when the pis- 
 tol went off. I was between .\lexander Ross and Mr. 
 Stephens. 
 
 By His Honor : Air. Stephens was behind me in 
 the room. 
 
 By Mr. Dalley: When shot Mr. Stephens fell at 
 my feet. Cannot say where Young sat. I had to come 
 about twenty-five yards from the kitchen to the room. 
 I did not resist or provoke him by word or gesture. 
 He could have shot me as 1 was coming along if he 
 liked. He said ir. the room several times "You 
 wretch, it was all through you." This was after the 
 pistol went off. I understood from this that he wished 
 to console the wife, who was crying and excited, by
 
 THE CALOOLA ROBBERS. 367 
 
 attributing the occurrence to me. He pushed me all 
 the way along from the kitchen. I don't know that 
 the pistol came in collision with my neck or back just 
 before the shot was fired. 
 
 By his Honor : There is a passage from the 
 kitchen leading to the bar and to the room. This 
 (diagram produced) gives a tolerably correct idea of 
 the situation of the premises. A man standing at the 
 opening of the passage could guard both the bar and 
 the room. 
 
 By Mr. Dalley : Did not see O'Connor after the 
 shot was fired till I heard him say he could not catch 
 the horses. 
 
 George Wood, constable of the mounted patrol, 
 deposed : I and two other constables went in search of 
 the prisoners on the 23rd November. We came up 
 with them on a road leading towards the Fish River. 
 This was thirty miles or more from Stephens'. We 
 came up with O'Connor ; asked him where he came 
 from ; he said from Lambing Flat ; told him he was ar- 
 rested on suspicion of murder; gave him to Wright, 
 and went on in pursuit of the others, whom we also 
 arrested ; told them the charge, put them in handcuffs 
 and searched them ; found a revolver on Charles Ross, 
 and a £5-note, a half-sovereign, and some silver. On 
 Alexander Ross found another revolver, five £1- 
 notes, and some silver, a portemonnaie, and a miner's 
 right. On O'Connor, found two cheques and some 
 saddle-bags. Found also a nearly new martingale on 
 Alexander Ross's horse. 
 
 By his Honor : The revolver produced was taken 
 from Charles Ross. Saw the other revolver taken 
 from Alexander Ross.
 
 368 AUSTRALIAN BUSHRANGING. 
 
 James Wright, trooper in the Western patrol, de- 
 posed that he was present at the arrest of the prison- 
 ers ; took the revolver from Alexander Ross; ordered 
 him to dismount. He said he had no revolver; after- 
 wards he said it was in the valise. Unstrapped the 
 valise and took it out. He said it would have been 
 death between us if he had had it in his hand. Saw 
 the cheques and other property found on the prisoners. 
 
 By his Honor : Have been nearly two years in the 
 police, and understand revolvers. This is in good 
 working order, except a small breakage on the head of 
 the lever. (Weapon shown and explained to the 
 jury.) 
 
 Dr. Machattie sworn : He attended Mr. Stephens 
 when injured with a gunshot wound. The ball passed 
 through the cheek, breaking two of the teeth, passing 
 through the root of the tongue, and out at the neck. 
 It was a dangerous wound, and for some time he de- 
 spaired of his life. The ball just passed the carotid 
 artery, which, if struck, would have caused death. The 
 weapon must have been pointed downwards. 
 
 By Mr. Dalley : The resistance of the teeth when 
 struck would not account for the downward course 
 which the ball took. 
 
 This closed the case for the prosecution. 
 
 Mr. Dalley addressed the jury for the defence, re- 
 questing in the first place that they would dismiss 
 from their minds all that they might have heard out of 
 doors, not only in connection with the case itself, but 
 also in reference to the cause which had rendered it 
 incumbent on the Government to anticipate the ordin- 
 ary sittings of the court by the issue of a special com- 
 mission — a step only taken in extreme cases, and
 
 THE CALOOLA ROBBERS. 369 
 
 when the state of the country imperatively demanded 
 such a procedure. After reminding the jury in an 
 earnest and emphatic manner of the solemn duty 
 which they had imposed on them, and the necessity 
 which existed (under the circumstances under which 
 the prisoners stood before them) for their giving a 
 most careful and patient consideration to all the facts 
 disclosed in evidence — the learned gentleman pro- 
 ceeded to review the statements made by the various 
 witnesses, pointing out especially what he regarded as 
 an extraordinary discrepancy between the versions 
 given of what took place in the room immediately be- 
 fore and after the pistol was discharged. All the 
 facts, he submitted, went to support the conclusion 
 that the explosion of the revolver was not an inten- 
 tional but an accidental circumstance, and the only 
 witness whose evidence was contrary to this assump- 
 tion was Mr. Stephens, who swore positively that the 
 pistol was pointed and aimed directly at him. It 
 should be remembered, however, that Mr. Stephens 
 was, according to the bulk of the evidence, shot im- 
 mediately after the prisoner Alexander Ross entered 
 the room, and that he lay insensible on the floor for 
 some time from the efifects of the wound. Therefore 
 the jury must see that he could have had no distinct 
 or clear recollection of what took place — his impres- 
 sions having been arrived at subsequently when he re- 
 covered from a confused idea of the circumstances at- 
 tending this awful and sudden occurrence. The evi- 
 dence of Mrs. Stephens did not show that the shooting 
 was intentional, or that the weapon was aimed at her 
 husband. In the evidence of Young, again, it was 
 made pretty clear (although the witness's statements
 
 370 AUSTRALIAN BUSIIRANGING. 
 
 were in points contradictory) that the weapon was 
 pointed not at Stephens, but between him and the 
 cook. The prisoner, in fact, had no intention of 
 shooting either the one or the other, but the firing, as 
 he before said, was an accident, terrible in itself no 
 doubt, but still devoid of criminal intent, .\ccidents 
 of the kind were of frecjuent occurrence, even in the 
 case of persons who were familiar with the use of fire- 
 arms. An officer of the police, not long since, had 
 been twice shot in a like accidental manner. It was not 
 intended that any man should have been shot ; and 
 v'hat, it was but fair to ask, had been the behaviour of 
 the acused after this unfortunate shot had been fired? 
 It was proved, he repeated, by the evidence of the 
 principal witness Stephens (and it was the only thing 
 that rather told against that witness, because it did not 
 appear in the evidence-in-chief) that the threat which 
 the prisoner Alexander Ross had used to the cook 
 was by no means of an unqualified nature ; — his al- 
 leged threat to shoot that man was one accompanied 
 by a strong compunction and remorse at the unhappy 
 accident which had taken j)lace, and for which, as he 
 thought, the cook was to blame. Except for the fact 
 of the prisoner O'Connor being with the prisoners 
 Ross at the time of the occurrence, there was nothing 
 in any degree to criminate him up to the time that he 
 ran out of the room — unless, as had been suggested, 
 iliat he was to be supposed to be then standing outside 
 on guard, during the commission of the robbery. As 
 to his being in company with armed men engaged 
 in the commission of a robbery, they were to remem- 
 ber that, in this country, extraordinary engagements 
 were often made as regarded the working classes, by
 
 THE CALOOLA ROBBKRS. 371 
 
 the effect of which innocent men found themselves 
 often associated with persons l)anded together for the 
 commission of crime. Supposing O'Connor to have 
 been thus innocently connected with the other two 
 men. what was he to have done consistently with the 
 hypothesis of his being perfectly innocent? If he had 
 run away immediately and had stayed away, would 
 not that have been construed into a presumption of 
 guilt? And if on the other hand he stayed, might it 
 not have been equally a presumption that he was really 
 guilty. The mere possession of the cheques was far 
 from being a conclusive proof of guilt. Every day it 
 was notorious that perfectly innocent parties, often in 
 the way of business, came into possession of stolen 
 cheques. He felt that he was far from being able to do 
 adequate justice to the merits of the case, having had 
 so short a time to make himself acquainted with its 
 details — not even time to read over the voluminous 
 depositions. Still, he had given it his consideration, 
 and could not but feel that there was no proof that the 
 pistol had not been accidentally discharged ; indeed as 
 he had already submitted, the evidence decidedly 
 pointed to that conclusion. Supposing that the 
 prisoners Ross were the parties that were concerned 
 in the robbery, there was, he contended, no evidence 
 whatever of the complicity of O'Connor. No other 
 theory in the case, except that of accident, would ex- 
 plain the shooting of Stephens, and he submitted that 
 whatever view the jury might be inclined to take as to 
 the counts for robbery, they would, at any rate, not 
 adjudge the prisoners guilty on the capital count of 
 feloniously and wilfully wounding. All the facts of 
 the case, all the circumstances as deposed to by those
 
 372 AUSTRALIAN BUSHRANGTNG. 
 
 witnesses who were in a position best to see and hear 
 correctly what transpired, went to support the con- 
 clusion that the shooting was accidental ; and he left 
 the case in their hands, confident that on a careful and 
 ])atient consideration of the evidence adduced, this 
 was the view which would be irresistibly forced upon 
 their minds, and which they would endorse by their 
 verdict. 
 
 The Attorney-General replied. He urged that 
 the arguments of the learned counsel for the defence 
 as to the supposed accidental discharge of the pistol 
 were not to be relied upon. The pistol fired oflf was 
 in good order at the time, and therefore not likely to 
 go oflf in the way that had been assumed. Again, the 
 story of the accidental discharge was altogether re- 
 butted by the circumstances of the case, as disclosed 
 in evidence. There was nothing to show that the 
 pistol had been so discharged, but evidence to contra- 
 dict it. If the weapon had gone ofT unexpectedly 
 would it not have been natural for Alexander Ross to 
 have expressed his regret for it? Would not a man 
 under such circumstances be most likely to have 
 thrown away the pistol, and to have said, "I am sorry 
 for that, it was an accident?" The prisoner, however, 
 was found to do nothing of the kind. Instead of ex- 
 pressing any such contrition, he gave way to further 
 threats of violence, repeatedly declared his intention 
 to take the life of another man, and robbed the bleed- 
 ing body of the wounded man with a brutal indiffer- 
 ence. 
 
 His Honor, in summing up, said there was no 
 dispute on either side as to the law that should govern 
 their verdict. There were only two questions for
 
 THE CALOOLA ROBBERS. 373 
 
 th^m to consider : first, whether all three prisoners had 
 been engaged in the robbery ; and then whether the 
 pistol with which Stephens had been wounded, had 
 been fired by accident or not. There could be no 
 doubt that a robbery had been committted, that the 
 house had been ransacked, and that extreme violence 
 had been used. First let them see whether all three 
 were guilty of robbery. Mr. Stephens, Mrs. Stephens, 
 the cook, and Young, all four declared without doubt 
 that the three men had come together, the Rosses on 
 horseback, O'Connor on foot ; then they were all at 
 breakfast together, and afterwards they all went away 
 together. About the participation of the Rosses there 
 was no doubt, but it had been said that though O'Con- 
 nor came with them, it did not follow that he had any 
 hand in the robbery. But then he went away with 
 them, and when he was afterwards apprehended part 
 of the stolen property was found on him. Then, in 
 answer to this, it was said that any person might re- 
 ceive a cheque innocently enough from a third per- 
 son. Now, these were arguments such as he scarcely 
 expected to hear addressed to men having reasoning 
 powers and possessing some knowledge of the world, 
 and he doubted much whether they for one minute 
 held ground in the mind of the jury. Not only did 
 O'Connor come with them, breakfast with them, and 
 leave with them, but he it was who stood sentry at the 
 door, at the place by which only intrusion could be 
 expected, whilst the Rosses carried out the concerted 
 plan. Alexander Ross commenced by driving the 
 cook into the room, and at the moment he did so both 
 Charles Ross and O'Connor started up from their 
 seats, put their hands into their breasts and, according
 
 374 AUSTRALIAN BUSHRANGING. 
 
 to one witness, both drew out revolvers, though it was 
 doubtful whether O'Connor had a revolver with him. 
 At all events the motion of the hand to the breast mis- 
 led one witness to the belief that he was also armed. 
 Was it likely that all this was done by accident? Was 
 it not more likely that the three were acting in con- 
 cert in accordance with previous arrangements? Then, 
 again, O'Connor was seen trying to catch a horse in 
 the paddock. It was surely not innocently that he 
 was endeavouring to possess himself of a horse not 
 his own. The next morning he was found on the 
 same road as the other prisoners, they being only a 
 mile in advance of him. and on his person were found 
 two cheques and a pair of saddle-bags that had been 
 stolen from the place. The next question was. sup- 
 posing them to say that the robbery was committed 
 by all three, was any of them guilty of wounding, be- 
 cause if found guilty of the robbery and not of the 
 wounding, the jury would have to say so. This would 
 mainly depend ujwn the one question whether jws- 
 sibly the wound might have been inflicted by accident, 
 and not design. If the pistol had gone off accident- 
 ally, or if it had been fired merely to excite terror and 
 with no intention of hitting any one, then the prisoner 
 would be acquitted ; but if there had been an intention 
 to hit any one and that one had been shot in the place 
 of another, then they must be found guilty, for though 
 the shot was fired by one all three would be equally 
 guilty. There was no distinction in law, neither did 
 he believe that there was any in morals, between the 
 guilt of any one of the three; for if three men go out 
 to commit an offence, two only of them carrying re- 
 volvers, those were taken for the purpose of overcom-
 
 THE CALOOLA ROBBERS. 375 
 
 ing any resistance that might be encountered, and 
 overcoming it, even at the cost of Hfe. And if resist- 
 ance was made and Hfe taken, all three would be 
 equally guilty though one was unarmed. If a contest 
 took place it would most likely be with the man who 
 happened to be nearest to the person ofifering resist- 
 ance, or who happened to be the most rash ; and why 
 if he shed blood should he be deemed more guilty 
 than the others, since all were acting in concert with 
 the same end in view? The case became different, 
 however, supposing the pistol to have gone ofif by 
 accident or the shot to have been fired with no inten- 
 tion at the moment to hit anybody. Upon this point 
 the evidence required very minute examination, be- 
 cause it never happened that in such cases the evi- 
 dence was of perfect accord, since different persons 
 were sure to see from dififerent points of vision and in 
 different ways. (His Honor here went over the evi- 
 dence bearing on this point). Then, again, in de- 
 termining the question, they must look at the motive 
 by which the prisoners were actuated. If they went 
 to commit a robbery, then were the pistols to be used 
 as instruments, and if so, in what way? A revolver 
 was not used for rifling a pocket, but to intimidate the 
 persons to be robbed, or to overcome any resistance 
 that might be offered. Now, if intending to intimi- 
 date he had wished to wound either Stephens or the 
 cook without any intention of taking life, prisoner 
 would be equally guilty ; or, if when seeing Stephens 
 jump up, he might have been afraid of resistance and 
 so have fired to put a stop to it. If he fired at any 
 person, he must be taken to be guilty ; and if he were 
 guilty, then all three were so alike. After comment-
 
 376 AUSTRALIAN BUSHRANGING. 
 
 ing upon the evidence bearing on this point, his 
 Honor concluded : If you are clear that it was no acci- 
 dent, but that the shot was fired with design to hit 
 some one, then the prisoners must be found guilty on 
 the whole information ; but if you have any doubt upon 
 that point, you will give the prisoners the benefit of it. 
 At the same time, I must warn you against giving what 
 is erroneously termed a merciful verdict. I could 
 never understand the meaning of this term, because a 
 verdict is simply telling the truth. T can therefore 
 understand mercy in the Executive, or in a judge, but 
 certainly not in a jury, who are simply required to tell 
 the truth. Mercy is an operation of the feelings of 
 the heart ; whereas a verdict is come to on the oper- 
 ations of the mind and upon strict facts. Thus the 
 two never can combine. It is the duty of the jury to 
 speak the truth on the evidence according to their 
 consciences, no matter what the consequences may 
 be ; mercy has afterwards to be taken into account in 
 other quarters. 
 
 The jury retired, and, after being absent for more 
 than an hour, returned with a verdict of guilty against 
 all three prisoners upon the first count of the inform- 
 ation. 
 
 His Honor stated that although sentence would 
 not be passed until the end of the session, yet he felt 
 it his duty to tell the prisoners that he entirely con- 
 curred in the verdict of the jury. He did not, there- 
 fore, wish the prisoners to build up any hopes founded 
 on an anticipation that he did not agree with the ver- 
 dict of the jury. He believed it to be a just and proper 
 one.
 
 THE CALOOLA ROBBERS. 377 
 
 The prisoners were removed, and the Court ad- 
 journed until ten o'clock the following day, when 
 other cases were proceeded with. 
 
 At" the close of the session the three men were 
 brought up for sentence with the other prisoners who 
 had been convicted. It was known that the sentences 
 were to be pronounced, and the greatest interest was 
 manifested by the public. The Court House was 
 crowded to suffocation, and although their Honors 
 were fully three-quarters of an hour behind their time, 
 not taking their seats until a quarter to three o'clock, 
 not a man amongst all the spectators budged from his 
 post. The first prisoners put up were the two Rosses 
 and O'Connor, and at a very early part of the Chief 
 Justice's address it became known, as was indeed fully 
 understood before, that they were to receive the sen- 
 tence of death. Alexander Ross was cool, collected, 
 and argumentative. Charles Ross seemed anxious and 
 nervous, and, though standing firm, repeatedly wiped 
 his forehead. O'Connor was eager and restless in as- 
 serting his innocence of complicity with the wounding, 
 and when sentence of death was passed, he assumed a 
 resolute air, and turning round to the gallery, said, 
 "good-bye." 
 
 After the usual formalities had been observed the 
 three men were called up and sentence of death was 
 passed upon each of them, the judge informing them 
 that he could not hold out any hope of mercy. 
 
 A few days after the condemned men had been 
 cast for death, a new story appeared with reference to 
 the outrage of which they had been convicted. The 
 story, which was circulated by the Sydney Empire, 
 and which was said to be well substantiated, certainly
 
 378 AUSTRALIAN BUSHRANGING. 
 
 shewed that Charles Ross had some claim to mercy. 
 The statement was to the effect that after the two 
 Rosses left the houce of Mr. Stephens, Alexander 
 Ross wanted to shoot O'Connor, and actually loaded 
 his revolver for that purpose, when Charles Ross 
 struck the weapon up with his hand, and it exploded 
 in the air. Further, it was said that Alexander Ross 
 expressed his intention to return to the house, murder 
 all the inmates, and set fire to the dwelling, in order to 
 destroy all evidence of his crime, he doubtless sup- 
 posing that Mr. Stephens had died from his wounds. 
 This intention, so said the story, was with much dilifi- 
 culty frustrated by the firm opposition of Charles 
 Ross. It was strange that nothing of this oozed out 
 at the trial, or when the witnesses were defending 
 themselves; but it was generally believed that O'Con- 
 nor had communicated the facts to the gaol authori- 
 ties after the trial and sentence. But it failed to in- 
 fluence the Executive in favour of the condemned 
 men, although for other reasons which do not appear 
 the death sentence passed upon O'Connor was com- 
 muted to imprisonment for life. 
 
 In due course the two Rosses were -executed with- 
 in the precincts of Darlinghurst gaol. Alexander 
 Ross, the man who fired the shot by which Stephens 
 was wounded, was a Roman Catholic by persuasion, 
 and was attended to the scaffold by the Venerable 
 Archdeacon McEncroe and Fathers Sheridan and 
 Dwyer. Charles Ross, his companion in crime, was a 
 Protestant, and was attended by the Rev. P. P. 
 Agnew. Both men while under condemnation were 
 visited by the Sisters of Charity, whose exertions they 
 received most gratefully, devoting themselves with
 
 THK CALOOT. A ROBBERS. 3S1 
 
 earnestness to that preparation so necessary for men 
 whose hves were about to cease. The number of per- 
 sons present at the execution did not exceed thirty or 
 forty, although there was a crowd of about a hundred 
 or more assembled outside the gates of the gaol ; but 
 these of course saw nothing of the terrible scene. At 
 six o'clock the criminals had their irons knocked off, 
 and the remainder of the time, up to leaving the cells, 
 was spent in devotion in company with the reverend 
 gentlemen named. At nine o'clock, the Under-Sherifif, 
 who was evidently much affected at the nature of the 
 duty he had to discharge, made his formal demand for 
 the bodies of the criminals, and shortly afterwards 
 they were pinioned in one of the corridors, and the sad 
 procession moved towards the scafifold erected in the 
 centre of the gaol yard. Both criminals were habited 
 in the gaol dress, and behaved with an amount of 
 decent fortitude which struck the spectators, and left 
 no doubt that the ministrations of religion had not 
 been expended fruitlessly. Arrived at the foot of thi 
 gallows, the two wretched men knelt for a few mo- 
 ments in prayer, repeating the responses audibly and 
 with much fervour. They then ascended the ladder, 
 Alexander Ross leading the way, but pausing for a 
 moment on the steps to bid adieu to the Rev. Mr. 
 Dwyer, who was quite overcome, and retired weeping 
 from the grim structure. Charles Ross also mounted 
 the steps without a tremble, followed by the Venerable 
 Archdeacon, the Rev. Mr. Agnew, and the execu- 
 tioner. Once on the platform the dreadful prelimi- 
 naries were speedily completed ; the ropes were placed 
 around the necks of the wretched men. caps were 
 drawn over their faces, the clergymen retired, and at
 
 382 AUSTRALIAN BUSHRANGING. 
 
 a given signal, the executioner drew the bolt. The 
 platform instantly slid from beneath their feet ; a dull 
 heavy jerking followed, and the culprits were sus- 
 pended. In the case of Charles Ross there was a 
 complete dislocation of the neck, and death was instan- 
 taneous. Alexander Ross, however, struggled con- 
 vulsivelv for several minutes, the knot of the rope hav- 
 ing slipped in the fall. At half-past nine Dr. West, 
 the medical oflficer of the gaol, having certified that life 
 was extinct, the bodies were lowered into shells, and 
 the two beings who had just shortly before emerged 
 from the cells in all the vigour and health of manhood, 
 were carted away as breathless clods — a terrible ex- 
 ample to all evildoers, and one which, for the sake of 
 society and of humanity, it was hoped would not be 
 without its influence on those misguided men who had 
 transformed many portions of the colony into arenas 
 of robbery and outrage. 
 
 The two men who thus ended their lives on the 
 scaffold had each a previous criminal record. 
 
 Alexander Ross, who fired the shot that inflicted 
 the w'ound, was a native of Wolverhampton, and ar- 
 rived in the colony by the Royal George in 1829. No 
 such name as Ross appeared upon the indent of that 
 ship, but the name of Rogers corresponded with this 
 prisoner's description. Ross or Rogers was supposed 
 to have been on Norfolk Island, at which place he 
 made the first acqu lintance of the notorious Ains- 
 worth. This pair of worthies subsequently met in 
 Queensland, but that youthful colony not offering 
 scope enough for the extensive range that their talents 
 demanded, they left for Sydney. On their arrival in 
 Sydney, Ross represented himself as a man of wealth
 
 THE CALOOLA ROBBERS. 383 
 
 and a stockowner, but before anything in the way of 
 business could be done, Ainsworth, who could not re- 
 main quiet, got himself into difficulties in Maitland for 
 passing a cheque that proved to be a forgery, and, be- 
 ing convicted, was imprisoned in Darlinghurst Gaol. 
 This broke up the partnership, and Alexander Ross 
 proceeded to the Lachlan with the evident intention of 
 making gold in the shortest way, since he promised to 
 return in three months and marry a young person, 
 servant in an hotel in Erskine-street, at which he 
 stopped. In her hands he left his portrait, and a quan- 
 tity of trinkets as a pledge for his return. Only about 
 fourteen days prior to the commission of the ofTence 
 for which he suffered the death penalty, he met with 
 his namesake, Charles Ross, who. however, was no 
 relative, and whether they committed any robberies in 
 company prior to that of which they have been con- 
 victed was not known. O'Connor had only joined the 
 two on the night previous to the robbery. Alexander 
 Ross was forty-nine years of age. 
 
 Charles Ross, who was aged fifty-one years, was 
 born at Cheltenham. Came to the colony in 1857 in 
 the ship Lucretia. Only very shortly after landing at 
 Sydney he indulged in crimes which brought him into 
 trouble. He made the purchase of a large quantity of 
 jewellery at the shop of Mr. Beckman, ordering it to 
 be sent to his lodgings at an hotel, which he named ; 
 the jewellery was sent, Mr. Ross received it from the 
 hands of the porter, bidding him wait whilst he went 
 upstairs and wrote a cheque. Instead of going up 
 stairs, however, he got into the street by another door, 
 and was not seen again until some weeks afterwards, 
 when he was apprehended in the interior on a charge
 
 384 AUSTRALIAN BUSHRANGING. 
 
 of horse-stealing-, and was then identified as answering 
 the description of the robber. He was sentenced to 
 six years on the roads, and was sent to Cockatoo 
 Island, from which place he was discharged in June, 
 1861, after a punishment of less than four years' 
 duration. Between the date of his release and his 
 meeting with the other Ross, it was not known how he 
 occupied himself, but at all events he managed to keep 
 out of sight of the police. 
 
 William O'Connor was fifty-two years of age, and 
 a native of Tipperary. He came to the colony in the 
 ship Equestrian, in 185 1, and had just previous to the 
 outrage been engaged upon stations in the Western 
 districts, there being no crime recorded against him 
 until, in an evil hour, and under the influence of the 
 demon of intemperance, he joined with the Rosses in 
 the attack upon Stephens. 
 
 The reign of the three men was short. Their first 
 exploit in company carried disaster with its success, 
 for the money they had taken from the man whom 
 they had wounded almost to death did not serve even 
 to bring indulgence in one single carouse, the hand of 
 justice having closed upon them ere they had well 
 started on the road which they imagined would con- 
 duct them to a safe retreat. The gallows for two and 
 the ironed cell for the third was not the end they ex- 
 pected ; but it was the only end that would have satis- 
 fied the people whose peace and safety had been so 
 rudely disturbed bv the Caloola outrage. Poor 
 .Stei)hens was marked for life, but that was not all. 
 Ilis business was ruined, and with health enfeebled by 
 the shock he was compelled to begin anew the battle of 
 life, as manv another man before him, and spent years
 
 THE CALOOLA ROBBERS. 385 
 
 of toil and trouble where, but for the wrong-doing of 
 others, born of the lust for gold, he might have lived 
 in peace and all the comforts a flourishing business is 
 supposed to bring. Nevertheless, his regrets were 
 tempered by the reflection that his life had not fled 
 before the bushranger's bullet. And life being pre- 
 served, the loss of earthly goods — great though that 
 loss was — did not overwhelm the sufiferer.
 
 VV. C. Penfold & Co., Printers, 
 i8l Pitt Street
 
 APRIL, 1901. 
 
 LIST OF BOOKS 
 
 PUBLISHED BY 
 
 ANGUS & ROBERTSON 
 
 89 CASTLEREAGH STREET, SYDNEY 
 205 SWANSTON STREET, MELBOURNE 
 
 SOLD IN ENGLAND BY 
 
 THE AUSTRALIAN BOOK COMPANY 
 38 WEST SMITHFIELD, LONDON, E.C.
 
 THE COMMONWEALTH SERIES 
 
 Each volume crown 8vo., picture covers, Is. 
 ON THE TRACK : New Stories. By Henrv Lawson 
 
 OVER THE SLIPRAILS : New Stories. By Henry Lawson 
 
 POPULAR VERSES. By Henry Lawson 
 
 First publication in hook form. 
 
 HUMOROUS VERSES. By Henry Lawson 
 
 Fvrat publication in hook form. 
 
 WHILE THE BILLY BOILS : Australian Stories. 
 
 First Series. By Henry Lawson 
 
 WHILE THE BILLY BOILS : Australian Stories. 
 
 Second Series. By Henry Lawson 
 
 HISTORY OF AUSTRALASIA: From the Earliest Times to 
 the Inauguration of the Commonwealth. 
 
 By A. W. Jose 
 
 HISTORY OF AUSTRALIAN BUSHRANGING. 
 
 By Charles White 
 
 Part I. — The Early Days. 
 
 Part IL — 1850 to 1862. 
 
 Part 111—186.3 to 1865. [In pvparntion 
 
 Part IV.— 1866 to 1878. \ in preparation 
 
 For press notices of these books see under separate lieadinga 
 throughout this catalogu<\
 
 VERSES: POPULAR AND 
 HUMOROUS. 
 
 By HENRY LAWSON, Author of '-When the 
 World was Wide, and Other Verses," " On tlie Track 
 and Over the Sliprails," and " While the Billy Boils," 
 
 Crown 8vo, cloth gilt, 3s. 6d. 
 
 (I'or Cheaper Edition see Commonwealth Series, page 2. 
 
 The Bulletin ■• " He is so verj human that one's 
 humanity cannot but welcome him. . . .To the 
 pei'petuation of his value and fame many pieces in 
 'Verses: Popukir and Humorous/ will contribute/' 
 
 Melbourne Age : " They exhibit the old power of 
 rhythm, cynical humour, and knowledge of the seamy 
 side of Australirin life, and will not lessen the writer's 
 claim to be the hrst of purely Australian authors." 
 
 Sydney Morning Herald -. " Buy the poems in one 
 volume or in two; for Henry Lawson — painter, 
 rouseabout, shearer, and whatever else — is all through 
 a poet." 
 
 The Queenslander : " It is to Lawson alone among 
 our poets that we must look if we want pen pictures 
 of the Never-Never and Out Back. Others have 
 essayed the drawing of these pictures, and have given 
 us, maybe, better verse ; but Lawson devotes his soul 
 to the hard, clear line of realism — and no one can 
 draw that line more definitely." 
 
 Evening News : ''They are always fresh, amusing, 
 pathetic, descriptive, human, original, strong, thrilling, 
 or poetic — whichever mood you feel inclined to touch 
 upon."
 
 ON THE TRACK AND OVER 
 THE SLIPRAILS. 
 
 A New Volume of Australian Stories. 
 
 By henry LA.WSON, Author of " While the Billy 
 Boils ;" " When tli-e World Was Wide and Other 
 Verses r" " Verses, Popular and Humorous." 
 
 Crown 8vo, cloth gilt, 3s. 6d. 
 
 For Cheaper Edition nee Commonwealth Series, page S. 
 
 Glasg-OW Herald : '' Mr. Lawson must now be 
 regarded as /aci^e princeps in the production of the 
 short tale. Some of these brief and even sliglit 
 sketches are veritable gems that would be spoiled by 
 an added word, and without a word that can be looked 
 upon as superfluous." 
 
 Sydney Morning" Herald : " It is not too much to 
 say for these sketches that they show an acquaintance 
 with bush life and an insight into the class of people 
 which is met with in this life tha.t are hardly equalled 
 to-day in Australia." 
 
 QueenslandeP : "The 'yarns' are, of course, 'of 
 the bush bushy,' tales of hard, unending toil, grim 
 greyness of prospects, the hundred and one drawbacks 
 to life in the back blocks, which Lawson knows so 
 well and treats so cleverly." 
 
 Welling-ton (N.Z.) Evening" Post; ''His sketches 
 are literally alive with the life of the land which gave 
 them birth, and they cannot but appeal strongly to 
 all Australians." 
 
 Melbourne Punch: "Often the little stories are 
 wedges cut clean out oi' lil'c^, and pi-esonted with 
 artistic truth and vivid colour."
 
 WHILE THE BILLY BOILS. 
 
 Australian Stories. 
 
 By henry LAWSON, Author of "When the World 
 Was Wide and Other Verses;" "On the Track and 
 Over the Sliprails ;" "Verses, Popular and Humorous." 
 
 Fifth Edition, completing the Twenty-third 
 Thousand. With eight plates and vignette 
 title, by F. P. Mahony. Crown 8vo, cloth 
 gilt, 3s. 6d. 
 
 For Cheaper Edition see Commonivcalth Series, page 2. 
 
 The Academy : " A book of honest, direct, sympa- 
 thetic, humorous writing about Australia from within 
 is worth a Kbrary of travellers' tales. Mr. Lawson 
 shows us what living in the bush really means. The 
 result is a real book — a book in a hundred. His 
 language is terse, supple, and richly idiomatic." 
 
 Mr. A. Patchett Martin, in Literature : " A book 
 which Mrs. Campbell Praed, the Australian novelist, 
 assured me made her feel that all she had written of 
 bush life was pale and ineffective." 
 
 The Spectator : '' In these days when short, dra- 
 matic stones are eagerly looked for, it is strange that 
 one we would venture to call the greatest Austi-alian 
 writer should be practically unknown in England. 
 Short stories, but biting into the very heart of the 
 bushman's life, ruthless in truth, extraordinarily 
 dramatic, and pathetically uneven " 
 
 The Times : " A collection of short and vigorous 
 studies and stories of Australian life and character. 
 A little in Bret Harte's manner, crossed, perhaps, with 
 that of Guy de Maupassant."
 
 WHEN THE WORLD WAS WIDE 
 AND OTHER VERSES. 
 
 Bv HENllY LAW.SON, Author of "Wliilo the Billy 
 Boils ; " " On the Track and Over the Sliprails ; " 
 " Vex'ses, Popular and Humorous." 
 
 Tenth Thousand. With photogravure por- 
 trait and vignette title. Crown 8vo, cloth 
 gilt, gilt top, 5s. 
 
 Mr. R. Le Galliennb, in The Idler : " A striking 
 volume of ballad poetry. A volume to console one for 
 the tantalising postponement of Mr. Kipling's pro- 
 mised volume of sea ballads." 
 
 Newcastle Weekly Chronicle : " Swinging, rhyth- 
 mic verse." 
 
 Sydney Morning^ Herald : " The verses have 
 natural vigour^ the writer has a rough, true faculty 
 of characterisation, and the book is racy of the soil 
 from cover to cover." 
 
 Melbourne Ag-e : " ' In the Days when the World 
 Avas Wide and Other Verses,' by Henry Lawson, is 
 poetry, and some of it poetry of a very high order." 
 
 Otago Witness : " It were well to have such books 
 upon our shelves . . . they are true history." 
 
 New Zealand Herald : " There is a heart-stirring 
 
 ring about the verses." 
 
 Bulletin : '• How graphic he is, how natural, how 
 true, how strong."
 
 THE MAN FROM SNOWY RIVER 
 AND OTHER VERSES. 
 
 By a. B. pater son. 
 
 Twenty-Second Thousand. With photo- 
 gravure portrait and vignette title. Crown 
 8vo, cloth gilt, gilt top, 5s. 
 
 The Literary Year Book : " The immediate 
 success of this book of bush ballads is without parallel 
 in Colonial literary annals, nor can any living English 
 or American poet boast so wide a public, always 
 excepting Mr. Rudyard Kipling." 
 
 The Times : " At his best he compares not unfavour- 
 ably with the author of ' Barrack Room Ballads.^ " 
 
 Spectator: "These lines have the true lyrical cry 
 in them. Eloquent and ardent verses." 
 
 Athenaeum : " Swinging, rattling ballads of ready 
 
 humour, ready pathos, and crowding adventure. 
 
 Stirring and entertaining ballads about great 
 
 rides, in which the lines gallop like the very hoofs of 
 
 the horses." 
 
 Mr. A. Patchett Martin, in Literature (London) : 
 " In my opinion it is the absolutely un-English, 
 thoroughly Australian style and character of these 
 new bush bards which has giv^en them such immediate 
 popularity, such wide vogue, among all classes of the 
 rising native generation." 
 
 London: Macmil'an dk Co., Limif'"i. 
 7
 
 AT DAWN AND DUSK: POEMS. 
 
 By victor J. DALEY. 
 
 Third Thousand. Witli photogravure 
 portrait and vignette title. Crown 8vo, 
 cloth gilt, gilt top, 5s. 
 
 The Bookman : " Most of these verses had alreadj^ 
 seen the light in Australia, but they are worth more 
 permanent form. They are very full of graceful 
 poetic fancy musically expressed." 
 
 The Australasian : '' It is unmistakable poetry . . 
 Mr. Daley has a gift of delicate construction — 
 there is barely a crude idea or a thought roughly 
 moulded in the book." 
 
 RHYMES FROM THE MINES 
 AND OTHER LINES. 
 
 By EDWARD DYSON, Author of "A Golden Shanty." 
 
 Second Thousand. With photogravure 
 portrait and vignette title. Crown 8vo, 
 cloth gilt, gilt top, 5s. 
 
 The Academy : " Here from within we have the 
 Australian miner complete : the young miner, the old 
 miner, the miner in luck, and the miner out of it, the 
 miner in love, and the miner in peril. Mr. Dyson 
 knows it all. What we prize in Mr. Dyson, as in Mr. 
 Lawson, is the presentation of some observed oddity 
 of human nature."
 
 WHERE THE DEAD MEN LIE 
 AND OTHER POEMS. 
 
 By BARCROFT HENRY BOAKE. 
 
 Third Thousand. With portrait and 32 
 illustrations. Crown 8vo, cloth gilt, gilt 
 top, 5s. 
 
 J. Brunton Stephens, in The Bulletin : " Boake's 
 work is often praised for its local colour; but it has 
 something better than that. It has atmosphere — 
 Austrajian atmosphere, that makes you feel the air of 
 the place — breathe the breath of the life." 
 
 THE MUTINEER 
 
 A Romance of Pitcairn Island. 
 
 By LOUIS BECKE and WALTER JEFFERY. 
 
 New Edition. Crov/n 8vo, cloth gilt, 3s. 6d. 
 
 FOR THE TERM OF HIS 
 NATURAL LIFE. 
 
 By MARCUS CLARKE. 
 
 With a Memoir of the Author, by A. B. 
 Paterson, 15 full page plates and a por- 
 trait, Crown 8vo, cloth gilt, gilt top, 3s. 6d.
 
 I E E N S . A story of Australian Schoolgirls. 
 By LOUISE MACK. 
 
 Third Thousand. With 14 full-page illus- 
 trations bvF. P. Mahony. Crown 8vo, cloth 
 gilt, 3s. 6d. 
 
 Sydney Morning- Herald : " Ought to be welcome 
 to all who feel the responsibility of choosing the read- 
 ing books of the young ... its gaiety, impulsiveness, 
 and youthfulness will charm them." 
 
 Sydney Daily Telegraph : " Nothing could be 
 more natural, more sympathetic." 
 
 The Australasian : " 'Teens' is a pleasantly- written 
 story, very suitable for a present or a school prize." 
 
 Bulletin : " It is written so well that it could not be 
 written better." 
 
 GIRLS TOGETHETI. 
 
 A Sequel to " Teens." By LOUISE MACK. 
 
 Second Thousand. Illustrated by G. W. 
 Lambert. Crown 8vo, cloth gilt, 3s. 6d. 
 
 Sydney Morning Herald: '"Girls Together' should 
 be in the library of every girl who likes a pleasant 
 story of real life. . . Older people will read it for 
 its bright touches of human nature." 
 
 Queenslander : "A story told in a dainty style that 
 makes it attractive to all. It is fresh, bright, and 
 cheerv, and well worth a place on any Australian 
 bookshelf." 
 
 10
 
 THESPIRITOFTHE BUSH FIRE 
 AND OTHER AUSTRALIAN FAIRY 
 
 TALES. P'Y J- M. WHITFELD. 
 
 Second Thousand. With 32 illustrations 
 by G. W. Lambert. Crown 8vo, cloth gilt, 
 3s. 6d. 
 
 Sydney Morning* Herald : " It is frankly writteu 
 for the young folks. The youngster will find a delight 
 in Miss VVhitfeld's marvellous company." 
 
 South Australian Reg"ister . " A number of fas- 
 cinating creations of the imagination . . . will last 
 and be popular." 
 
 HISTORY OF AUSTRALIAN 
 BUSH RANGING, by charles white. 
 
 To be completed in two vols. Crown 8v'0, 
 cloth gilt, 3s. 6d. each. [Vol. I. noic ready. 
 
 For Cheaper Editiuii see Commonwealth Sei ies. parje 2. 
 
 Press Notices of Volume I. 
 
 Year Book of Australia: ''There is 'romance' 
 enough about it to make it of permanent interest as a 
 peculiar and most remarkable stage in our social 
 history." 
 
 Queenslander : " A highly-acceptable resume of the 
 conditions of life in the colonies during the early days. 
 Mr. White has supplied material enough for twenty 
 such novels as ' Robbery Under Arms.' "
 
 OUR ARMY IN SOUTH AFRICA. 
 
 By R. SCOT SKIRVING, late Consulting Surgeon to 
 the Australian Contingents. 
 
 Crown 8vo, paper cover, 2s. 
 
 THE ANNOTATED CONSTITU- 
 TION OF THE AUSTRALIAN 
 COMMONWEALTH. 
 
 By Sir JOHN QUICK, LL.D., and R. R. GARRAN, 
 C.M.G. 
 
 Royal 8vo, cloth gilt, 36s. 
 
 Sydney Morning* Herald: "There has been a wide 
 field for research, and the authors have not drawn 
 back from the labour involved in working it. Indeed, 
 every page of this large volume bears witness to the 
 energy and discriminating care which they have 
 brought to bear on their task." 
 
 Melbourne Arg^US : " The authors may be warmly 
 thanked for a book whicli has a value inadequate!}^ 
 represented by the price charged for it. It goes 
 without saying that persons who have reason for 
 seeking an intimate kncvvledge of the constitution — 
 politicians and journalists particularly — will gladly 
 avail themselves of the assistance now placed within 
 their reach." 
 
 The Bulletin : " It is a Avork which no student of 
 the Commonwealth can afford to be without. It repre- 
 sents an enormous ainount of brain-sweat and general 
 research, nnd is at present far and away the standard 
 work on the subject." 
 
 12 .
 
 THE GROWTH OF THE EMPIRE. 
 
 A Handbook to the History of Greater Britain- 
 
 By Arthur W. JOSE, Author of "A Short History 
 of Australasia." 
 
 Second Edition. With 14 Maps. Crown 
 8vo, cloth gilt, 5s. 
 
 Morning" Post : " This book is published in Sydney, 
 but it deserves to be circulated throughout the United 
 Kingdom. The picture of the fashion in which British 
 enterprise made its way from settlement to settlement 
 has never been drawn more vividly than in these pages. 
 Mr. Jose's style is crisp and pleasant, now and then 
 even rising to eloquence on his gi-aud theme. His 
 book deserves wide popularity, and it has the rare 
 merit of being so written as to be attractive alike to 
 the young student and to the mature man of letters." 
 
 Literature •• " He has studied thoroughly, and 
 writes vigorously. . . . Admirably done. 
 We commend it to Britons the world over." 
 
 Saturday Review • " He writes Imperially ; he also 
 often writes sympathetically. . . . We cannot 
 close Mr. Jose's creditable account of our misdoings 
 without a glow of national pride." 
 
 Yorkshire Post : " A brighter short history we do 
 not know, and this book deserves for the matter and 
 the manner of it to be as well known as Mr. 
 McCarthy's ' History of Our Own Times.' " 
 
 The Scotsman : " This admirable work is a solid 
 octavo of more than 400 pages. It is thoughful, well 
 written, and well- arranged history. There are fourteen 
 excellent maps to illustrate the text." 
 
 13
 
 HISTORY OF AUSTRALASIA. 
 
 From the Earliest Times to the Inauguration of the 
 Commonwealth, 
 
 By ARTHUR W. JOSE, Author of " Tlie Growth of 
 the Empire." Tlie chapter on Federation revised by 
 R. R. Garran, C.M.G. 
 
 With 6 maps and 64 portraits and illustra- 
 tions. Crown 8vo, cloth, Is. 6d. 
 
 For Cheaper Edition see Commonivcalth Scries, page S. 
 
 Town and Country Journal: "His language is 
 graphic and simple, and he lias maintained the unity 
 and continuity of the story of events despite the 
 necessity of following the subject along the seven 
 branches corresponding with the seven separate 
 colonies. The whole book shows evidence of much 
 careful work and a large amount of research among 
 the original sources of information." 
 
 Sydney Daily Telegraph : "There was ample room 
 for a cleverly-condensed, clear, and yet thoroughlj' live 
 account of these colonics, such as Mr. Jose now 
 presents us with." 
 
 The Australasian : "It is a useful summary of the 
 eventful history of Australia, Tasmania, and New 
 Zealand, from the voyages of De Quiros and Torres 
 down to the virtual accomplishment of federation." 
 
 West Australian : " A valuable feature about this 
 little work is its accuracy. This, with the author, has 
 evidently been a condition precedent, and in pursuance 
 of it he has had recourse to original sources for his 
 information, and to specially authentic and contem- 
 porary docaments." 
 
 14
 
 THE GEOLOGY OF SYDNEY AND 
 THE BLUE MOUNTAINS. 
 
 A Popular Introduction to the Study of Australian 
 Geology. 
 
 By Rkv. J. MILNE CURRAN, Lecturer in 
 Chemistry and Geology, Technical College, Sydney. 
 
 Second Edition. With a Glossary of Scien- 
 tific terms, a Reference List of commonly- 
 occurring Fossils, 2 coloured maps, and 83 
 illustrations. Crown 8vo, cloth gilt, 6s. 
 
 Nature: "This is, strictly speaking, an elementary 
 manual of geology. The general plan of the work is 
 good; the book is well printed and illustrated with 
 maps, photographic pictures of rock strncture and 
 scenery, and figures of fossils and rock sections." 
 
 Melbourne Argus : " The book is written in a 
 popular style, and it deals with a subject of general 
 aud perpetual interest. As a handbook for schools in 
 which it is desired to interest the advanced classes 
 in the study of nature, the volume has great value. '^ 
 
 Sydney Morning Herald : " Mr. Curran is the 
 most admirable guide that any geological student can 
 require for the interpretation of the hieroglyphics of 
 Nature." 
 
 South Australian Reg-ister : " Mr. Curran has ex- 
 tracted a charming narrative of the earth's history out 
 of the prosaic stone. Though he has selected Sydney 
 rocks for his text, his discourse is interestingly Aus- 
 tralian." 
 
 15
 
 SIMPLE TESTS FOR MINERALS; 
 
 Or, Every Man his Own Analyst. 
 
 By JOSEPH CAMPBELL, M.A., F.G S , M.I.M E. 
 
 Fourth Edition, revised and enlarged (com- 
 pleting the ninth thousand). With illus- 
 trations. Cloth, round corners, 3s. 6d. 
 
 Newcastle Morning" Herald : " The book is a 
 tlioroughly practical one." 
 
 Bundaberg" Star : " A haudy and useful book for 
 miners and all interested in the mining industry." 
 
 Daylesford Advocate : " A very useful and valu- 
 able work." 
 
 Bendig'o Evening' Mail : " Should be in every 
 prospector's kit. It enables any intelligent man to 
 ascertain for himself whether any mineral he may 
 discover has a commercial value." 
 
 Omeo standard : " Exactly the work required." 
 
 Bendig'o Advertiser : " To those engaged in pros- 
 pecting for minerals this book should be invaluable." 
 
 QUALITATIVE ANALYSIS; 
 
 Notes and Tables for the Use of Students. 
 
 By Rev. J. MILNE CURRAN, Lecturer in Chemistry 
 
 and Geology, Technical College, Sydney, Autlior of 
 "The Geology of Sydney and the Blue Mountains." 
 
 With illustrations. Demy 8vo, cloth gilt, 
 4s. 6d. 
 
 16
 
 THE KINGSWOOD COOKERY 
 BOOK. 
 
 By Mrs. WICKEN, M.C.A., Late Teacher of Cookery, 
 Technical College, Sydney. 
 
 Fifth edition, revised, completing the Nine- 
 teenth Thousand. 382 pages, crown 8vo, 
 paper cover. Is.; cloth. Is. 6d. 
 
 *^* This is the larg-est book ever published at 
 the price in Australia. 
 
 Newcastle Morning" Herald: "Mrs. Wicken has 
 long been reco,u;nised as an able exponent of the art 
 of cooking, and the success of her book is probably 
 due to the fact that it was written by a practical 
 teacher, of many years' Australian experience." 
 
 Sydney Morning" Herald: "Her excellent 'Kings- 
 wood Cookery Book/ which is handsomely issued." 
 
 Sydney Daily Telegraph : ' This work may be said 
 to fulfil all the requirements of a practical course of 
 instruction." 
 
 Town and Country Journal : "A real boon to 
 Australian women." 
 
 Maitland Mercury : " The merit of the book is that 
 it is written by a scientific teacher who has had ten 
 years' Australian experience." 
 
 Adelaide Advertiser: "No materials are mentioned 
 which are not easily procurable, while the quantities 
 in every case are concisely stated." 
 
 17
 
 PRESBYTERIAN WOMEN'S 
 MISSIONARY ASSOCIATION 
 COOKERY BOOK. 
 
 Crown 8vo., cloth, Is. 
 
 GEOGRAPHY OF NEW SOUTH 
 
 WALES. ^^' J- ^^- TAYLOR, M.A, LL.B. 
 
 New Edition, revised. With 37 illustrations 
 and 6 folding maps. Crown 8vo, cloth 
 g-ilt, 3s. 6d. 
 
 Sydney Morning' Herald: "Something more than 
 a school book ; it is au approach to an ideal geography." 
 
 Review of Reviews : " It makes a very attractive 
 handbook. Its geography is up to date ; it is not 
 overburdened with details, and it is richly illustrated 
 with geological diagrams and photographs of scenery 
 reproduced with happy skill." 
 
 Queensland Education Journal: "A mine of 
 thoroughly well arranged, perfectly accurate, and, for 
 the most part; interesting information on the general 
 physical and political features of New South Wales." 
 
 The Australasian: "The reading is very interesting. 
 There are any number of excellent and strik- 
 ing photo-prints .... commendable features in a 
 school book." 
 
 The Queenslandar : " The book embraces witliin 
 its 152 pages all the information that a geogi'aphy 
 should, presented in an easy, assimilable form." 
 
 18
 
 GEOGRAPHY OF NEW SOUTH 
 WALES. 
 
 Abridged from Mr. Taylor's larger work. 
 With 5 folding maps, 48 pages, Gd. 
 
 THE METRIC SYSTEM OF 
 WEIGHTS AND MEASURES, AND 
 DECIMAL COINAGE. 
 
 By .1. M. TAYLOR, M.A., LL B. 
 
 With Introductory Notes on the nature of 
 Decimals, and contracted methods for the 
 MultipHcation and Division of Decimals. 
 Crown 8vo, paper cover. Gd. 
 
 N.S.W. Educational Gazette : " A masterly and 
 elaborate treatise for the use of schools on a subject 
 of world-wide interest and importance. ... In 
 commercial life a knowledge of the metric system has 
 been for some years essential, and it is, therefore, 
 fitting that its underlying principles should be taught 
 in our schools concurrently with reduction, and prac- 
 tised systematically in the more advanced grades. 
 For this purpose the book is unquestionably the best 
 we have seen." 
 
 ANSWERS TO TAYLOR'S 
 METRIC SYSTEM, cd. 
 
 ID
 
 ENGLISH GRAMMAR, COMPOSI- 
 TION, AND PRECIS WRITING. 
 
 For Use by Candidates for University and Public 
 Service Exams. 
 
 By JAMES CONWAY, Headmaster at Cleveland- 
 street Superior Public School, Sydney. 
 
 Prescribed by the Department of Public 
 Instruction, N.S.W., for First and Second 
 Class Teachers' Certificate Examinations. 
 New edition, revised and enlarged. 
 Crown 8vo, cloth gilt, 3s 6d. 
 
 Sydney Morning" Herald : " To its concise and 
 admirable arrangement of rules and definitions, which 
 holds good wherever the English language is spoken 
 or written, is added special treatment of special 
 difficulties. Mr. Conway adopts the excellent plan of 
 taking certain papers, and of answering the questions 
 in detail. . . . Should be in the hands of every 
 teacher." 
 
 Victorian Educational News : " A hook which we 
 can heartily recommend as the most suitable we have 
 yet met with to place in the hands of students for our 
 intermediate examinations, and also for matriculation, 
 pupil teachers' and certificate of competency examina- 
 tions. We should be glad to see the work set down 
 in the syllabus of the Department so that it would 
 reach the hands of all the students and teachers 
 engaged in studying the subject in our State 
 schools." 
 
 20
 
 A SMALLER ENGLISH 
 GRAMMAR, COMPOSITION, 
 AND PRECIS WRITING. 
 
 By JAMES CONWAY. 
 
 Prescribed by the Department of Public 
 
 Instruction, N.S.W., for Tliird Class and 
 
 Pupil Teachers' Examinations. New 
 
 edition, revised and enlarged. Crown 8vo, 
 
 cloth, Is. 6d. 
 
 N.S.W. Educational Gazette : " The abridgment 
 is very well done. One recognises the hand of a man 
 who has had long experience of the difficulties of 
 this subject." 
 
 THE ELEMENTS OF EUCLID, 
 BOOK I. 
 
 By J. D. ST.CLAIR MACLARDY, M.A., Lecturer 
 at the Training Collegos and Examiner for the New 
 South Wales Department of Public Instruction. 
 
 With Historical Introduction, Notes, 
 
 Appendix and Miscellaneous Examples. 
 
 Crown 8vo, cloth. Is. 6d. 
 
 N.S.W. Educational Gazette : " The most complete 
 and logical discussion of this part of the works of the 
 jyreat geometer that we have seen. An unusual 
 amount of care has heen bestowed on the initiatory 
 stages, the definitions, axioms, and postulates being 
 treated with commendable fulness." 
 
 21
 
 CAUSERIES FAMILIERES; OR, 
 FRIENDLY CHATS. 
 
 A Simple and Deductive French Course. 
 By Mrs. S. C. BOYD. 
 
 Prescribed for use in schools by the 
 Department of Public Instruction, New 
 South Wales. 
 
 Pupils' Edition, containing all that need be 
 in the hands of the learner. Crown 8vo, 
 cloth, limp, Is. 6d. 
 
 Teachers' Edition, containing, in addition 
 to the above, grammatical summaries, 
 exercises, a full treatise on pronunciation, 
 French-English and English-French Voca- 
 bulary, and other matter for the use 
 of the teacher or of a student without a 
 master. New Edition, revised and enlarged. 
 Crown 8vo, cloth gilt, 3s. 6d. 
 
 The London Spectator : " A most excellent and 
 practical little volume, evidently the work of a trained 
 teacher. It combines^ admirably and in an entertaining 
 form the advantages of the conversational with those 
 of the grammatical method of learning a language." 
 
 The Scotsman : " A pleasant and familiar tone 
 pervades thc^ whole work, and it is to be welcomed as 
 a further step in the desired direction."
 
 THE AUSTRALIAN OBJECT 
 LESSON BOOK. 
 
 Compiled by practical teachers, and edited by DAVID 
 T. WILEY, 
 
 Part I. — For Infant and Junior Classes. 
 With 43 illustrations. Crown 8vo, cloth 
 gilt, 3s. 6d. ; paper cover, 2s. 6d. 
 
 N.S.W. Educational Gazette: "Mr. Wiley has 
 wisely adopted the plan of utilising the services of 
 specialists. The series is remarkably complete, and 
 includes almost every tiling with v/hich the little 
 learners ought to be made familiar. Through- 
 out the whole series the lessons have been selected 
 with judgment and with a due appreciation of the 
 capacity of the pupils for whose use they are intended." 
 
 THE AUSTRALIAN OBJECT 
 LESSON BOOK. 
 
 Part II. — For advanced classe.s. With 113 
 illustrations. Crown 8vo, cloth gilt, 3s. 6d ; 
 paper cover, 2s. 6d. 
 
 N.S.W. Educational Gazette : " The Australian 
 Object Lesson Book is evidently the result of infinite 
 patience and deep research on the part of its compiler, 
 who is also to be commended for the admirable 
 arrangement of his matter." 
 
 Evening" News : " It gives evidence of the utmost 
 care and of attention to most minute detail in its pre- 
 paration. It is appropriately illustrated, well arranged, 
 and is emiuently practical and contemporary.''^
 
 A NEW BOOK OF SONGS FOR 
 SCHOOLS AND SINGING 
 CLASSES. 
 
 By HUGO ALPEN, Superintendent of Music, 
 Department of Public Instruction, New South Wales. 
 
 8vo, paper cover. Is. 
 
 THE AUSTRALIAN 
 PROGRESSIVE SONGSTER. 
 
 By S. McBuRNEY, IMus. Doc , Fellow T.S.F. College. 
 
 Containing graded Songs — the words by 
 A. B. Paterson (Author of " The Man 
 from Snowy River ") and others Hounds 
 and Exercises in Staff Notation, Tonic 
 Sol-fa and Numerals, with Musical Theory. 
 Price, 6d. each part ; combined, Is. 
 
 No. 1. — For Junior Classes. No. 2. — For Senior Classes. 
 
 THE AUSTRALIAN LETTERING 
 BOOK. 
 
 Containing the Alphabets most useful in 
 Mapping, Exercise Headings, &c. (with 
 practical applications). Easy Scrolls, Flou- 
 rishes, Borders, Corners, Rulings, &c. 
 Second Edition. New Edition, revised and 
 enlarged, cloth limp, 6d. 
 
 24
 
 GEOGRAPHY OF AUSTRALIA 
 AND NEW ZEALAND. 
 
 "With Definitions of Geographical Terms. 
 
 For First Year Third Class Pupils under 
 the New Stand«aid of Proficiency in New 
 South Wales. With "28 maps and illus- 
 trations. 64 pages. 6d. 
 
 GEOGRAPHY OF EUROPE, 
 ASIA AND AMERICA. 
 
 For Second Year Third Class Pupils under 
 the New Standard of Proficiency in New 
 South Wales. With 32 maps and illus- 
 trations. 84 pages. 6d. 
 
 GEOGRAPHY OF NEW SOUTH 
 WALES. 
 
 For First Half-year, Fourth Clf(ss Pupils 
 under the New Standard (^f Proficiency in 
 New South Wales. With five folding maps. 
 48 pages. 6d. 
 
 GEOGRAPHY OF AFRICA. 
 
 Foi- Second Half-year, Fourth Class Pupils 
 under the New Standard of Proficiency in 
 New South Wales. With maps. 64 pages. 
 6d. 
 
 25
 
 AUSTRALIAN SCHOOL SERIES. 
 
 Grammar and Derivation Book. 64 pages. 2d. 
 Test Exercises in Grammar for 3rd Class, 1st Year. 
 
 64 pages. 2d. 
 
 Test Exercises in Grammar for 3rd Class, 2nd Year. 
 
 64 pages. 2d. 
 
 Table Book and Mental Arithmetic. 34 pages. 
 
 Id. 
 
 Chief Events and Dates in Eng-lish History, Part 
 
 I. From ^b B.c to 14S.5 a d. 50 page.s. 2d. 
 
 Chief Events and Dates in English History. Part 
 
 II. From Henry VII. (148")) to Victoria (1900). 64 
 pages 2d. 
 
 History of Australia. 64 pages 2d. 
 
 Geog'raphy. Part I, Australasia and Polynesia. 64 
 pages. 2d. 
 
 Geog'raphy. Part II. Europe, Asia, America, and Africa. 
 66 pages. 2d. 
 
 Euclid. Book I. With Definitions, Postulates, Axioms, 
 &c 64 pages. 2d. 
 
 Euclid. Book II. With Definitions and Exercises on 
 Books I. and II. 32 pages. 2d. 
 
 Euclid. Book III. With University ".Junior" Papers 
 1891-1897. 60 pages. 2d. 
 
 Arithmetic— Exercises for Class II. 49 pages 2d. 
 
 Answers, 2d. 
 
 26
 
 Arithmetic -Exercises fop Class III. 66 pages. 2d. 
 
 Answers, 2d. 
 
 Arithmetic— Exercises for Class IV. 65 pages. 2d 
 
 Answers, 2d. 
 
 Arithmetic and Mensuration- Exercises for Class 
 
 V. With tlie Arithmetic Papers set at tlie Sydney 
 University Junior, the Public Service, the Sydney 
 Chamber of Commerce, and the Bankers' Institute 
 Examinations to 1900, ifcc. 88 pages. 3d. 
 Answers, 2d. 
 
 Algebra. Part I. 
 
 Answers, 2d. 
 
 49 pages. 2d. 
 
 Algfebra. Part II. To Quadratic Equations. Contains 
 over twelve hundred Exercises, including the Univer- 
 sity Junior, the Public Service, the Sydney Chamber 
 of Commerce, and the Bankers' Institute Examination 
 Papers to 1900, &c 112 pages. 4d. 
 Answers, 4d. 
 
 THE AUSTRALASIAN 
 CATHOLIC SCHOOL SERIES. 
 
 History of Australia and New Zealand for Catholic 
 
 Schools, 117 pages. 4d. 
 
 Pupil's Companion to the Australian Catholic 
 First Reader, 32 pages, id. 
 
 Pupils Companion to the Australian Catholic 
 Second Reader, 64 partes. 2d. 
 
 Pupil's Companion to the Australian Catholic 
 Third Reader, 112 pages. 3d. 
 
 Pupil's Companion to the Australian Catholic 
 Fourth Reader, 160 pages. 4d.
 
 THE AUSTRALIAN DRAWING 
 BOOK. 
 
 By F. W. WOODHOUSE, Superintendent of Drawing, 
 Department of Public Instruction, New South Wales. 
 
 Approved by the Department of Public 
 Instruction for use in the PubHc Schools of 
 New South Wales. Price, 3d. each. 
 
 No. lA — Elementary, Straight Lines, Curves and Simple 
 Figures. 
 
 Nos. 1, 2, 3 and 4 — Graduated Elementary Freehand, 
 Regular Forms, Simple Designs, &c. 
 
 Nos. 5 and 6 — Foliage, Flowers, Ornaments, Vase 
 Forms, &c. 
 
 No. 7— Book of Blank Pages. 
 
 N.S.W. Educational Gazette : " This series of 
 drawing books has been arranged by the Superin- 
 tendent of Drawing for the purpose of enabling 
 teachers and pupils to meet fully the requirements of 
 the Public School Syllabus of 1899. It consists of 
 seven numbers, designed for the third, fourth and fifth 
 classes respectively, and there is also a book of blank 
 pages (No. 7). Nos. 1 to 4 treat of elementary 
 freehand, simple designs, pattern drawing, &c.; Nos. 
 5 and 6 of foliage, flowers and ornaments. The copies 
 are excellently designed and executed, and carefully 
 graduated, and the books are printed on superior 
 drawing paper. ^ The Australian Drawing Books' 
 should be used in every public school in the colony, 
 first on account of their intrinsic merit, and secondly 
 because they are the only books that accurately fit our 
 standard." 
 
 28
 
 THE AUSTRALIAN COPY BOOK. 
 
 Approved by the Departments of Public 
 Instruction in New South Wales, Queensland 
 and Tasmania, by the Public Service Board 
 of New South Wales, and by the Chief 
 Inspector of CatlK^lic Schools. Price, 2d. 
 each. A. C. B. Blotter, Id. 
 
 No. 1, Initiatory, Short Letters, Short Words ; 2, Initiatory, 
 Long Letters, Words ; 3, Text, Capitals, Longer 
 Words ; 4, Half-Text, Short Sentences ; 5, Inter- 
 mediate, Australian and Geographical Sentences ; 6, 
 Small Hand, Double Ruling, Australian and Geo- 
 graphical Sentences, PreBxes and Examples ; 6a, Text, 
 Half-Text, Intermediate, Small Hand ; 7, Small Hand, 
 Single Ruling, Maxims, Quotations, Proverbs ; 8, 
 Advanced Small Hand, Abbreviations and Contractions 
 commonly met with ; 9, Commercial Terms and Forms, 
 Addresses ; 10, Commercial Forms, Correspondence, 
 Addresses; 11, Plain and Ornamental Lettering, 
 Mapping, Flourishes, &c. 
 
 Nutnerals are given in each number. 
 
 THE AUSTRALIAN PUPIL 
 TEACHERS' COPY BOOK. 
 
 A selection of pages from the Australian 
 Copy Book, arranged for use of Pupil 
 Teachers. 48 pages. Price, 6d. 
 
 29
 
 ANGUS AND ROBERTSON'S 
 PENCIL COPY BOOK. 
 
 Approved by the N.S.W. Department of 
 Public Instruction for use in Infant 
 Schools and the First Class in Primary 
 schools. In nine numbers. Id each. 
 
 No. 1, Initiatory lines, curves, letter^;, figures ; 2 and 3, 
 Short letters, easycoinbiuatioiis, tigures; 4, Long letters, 
 short words, figures; 5, Long letters, words, figures; 
 6, 7, and 8, Capitals, words, figures ; 9, Sliort sentences, 
 fisures. 
 
 HISTORY FOR THIRD, FOURTH, 
 AND FIFTH CLASSES. 
 
 Under the New Standard of Proficiency in 
 New South Wales. 
 Part I.— Srd Class, 1st Half-year.— From the Roman 
 
 to the Norman Conquest. 36 pages and col. map, 4d. 
 
 Part IL— Srd Class, 2nd Half-year.— From William I. 
 
 to Richard I. 39 pages and a coloured map, 4d. 
 
 Part III.— 3rd Class, 3rd Half-year.— From John to 
 
 Richard II. 47 pages and a coloured map, 4d. 
 
 Part IV.— 3rd Class, 4th Half-year.- From Henry 
 
 TV. to Elizabeth. 64 pages and a coloured map^ 6d . 
 
 Part v.— 4th Class, 1st Half-year.— From James L 
 
 to Ani\e. 86 pages and a coloured map, 6d. 
 
 Part VI.— 4th Class, 2nd Half-year.— From George L, 
 
 and History of Australia to 1855. 142 pages, illus., 9d. 
 
 HANDBOOK FOR TEACHERS 
 OF INFANT SCHOOLS AND 
 JUNIOR CLASSES. 
 
 With colour chart (nine colours) and up- 
 wards of 100 illutf. Cr. 8vo, cloth, Is. 6d. 
 
 30
 
 GUIDES TO THE NEW SOUTH 
 WALES PUBLIC SERVICE 
 EXAMINATIONS. 
 
 No. I. — Containing the Papers set at the 
 examination held in March, 1899 and Keys 
 thereto, together with the Regulations and 
 Hints on suitable Text-books. 8vo., paper 
 cover, Is. 6d. 
 
 No. II. — Containing the Papers set at the 
 examination held in August, 1900 and 
 Keys thereto, together with the revised 
 Regulations and Hints on suitable Text- 
 books, and the Papers set at the examina- 
 tion held in December, 1899. 8vo, paper 
 cover, Is. 6d. 
 
 CALENDAR OF THE 
 UNIVERSITY OF SYDNEY. 
 
 8vo, linen, 2s. 6d. ; paper cover. Is. 
 
 MANUAL OF PUBLIC 
 EXAMINATIONS HELD BY 
 THE UNIVERSITY OF SYDNEY. 
 
 8vo., paper cover, Is.
 
 ANNOUNCEMENTS 
 
 RIO GRANDE'S LAST RACE AND OTHER 
 VERSES. 
 
 By A. B. PATERSON, antlior of "The Man 
 from Snowy River." Crown 8vo, cloth gilt, 
 gilt top, 5s. 
 
 HISTORY OF 
 
 AUSTRALIAN BUSHRANGING. 
 
 By CHARLES WHITE. Vol. 2—1863 to 
 1878, illustrated, crown 8vo, cloth gilt, 3s. 6d. 
 
 THE POETICAL WORKS OF 
 BRUNTON STEPHENS. 
 
 With photogravure portrait, crown 8vo, cloth 
 gilt, gilt top, 5s. 
 
 GUIDE TO THE MUSICAL EXAMINATIONS 
 
 held by the N.S.W. Department of Public 
 Instruction for First, Second, and Third Class 
 Teachers, and First, Second, Third, and Fourth 
 Class Pupil Teachers. With the Papers set at 
 the Examinations held in 1898, 1899, and 1901, 
 and the Answers thereto. 
 
 By G. T. COTTERILL, Headmaster at Pad- 
 dington Superior Public School. 
 
 EUCLID, BOOKS II„ III, AND IV. 
 
 By J. D. ST.CLAIR MACLARDY, M.A., 
 Lecturer at the Training Colleges, and 
 Examiner to the New South Wales Department 
 of Public Instruction. With Notes, Appendix, 
 and Miscellaneous Examples. Crown 8vo, 
 cloth. \_8hortly.
 
 M i 
 
 •,\mD,. 
 
 \ms/A 
 
 V?l 
 
 ^•^i i 
 
 ^jjujitviiji^" ^/jaji\imiin*' 
 
 aVER% 
 
 -'I 
 
 
 "uyaiivjav 

 
 5 
 
 ^JJUONVSOl^ 
 
 (^^MEUNIVEW/^ 
 
 L 005 486 022 6 
 
 I L'' UC SOUTHERN '^E°'°'ll|5lllS (f 
 
 0.'*J 
 
 <m]3NV-S01=^ % IVA 001045 012 
 
 UVJ 
 
 ^UIBRARYO^ 
 
 ^^m\m-i^ 
 
 
 ^OFCAUFOff^ ^OFCAIIFO% 
 
 ^c'AavaaiH^ "^^Aavaani^ 
 
 
 
 ?5 
 
 I' 
 
 ^\MFtlNIVER% 
 
 
 •%a3AiNn3V«^ 
 
 1 
 
 <(^33NVS01^ '%3AlNn]¥&? 
 
 .^tUBRARYO^, ^UBI