CHAPTER I.

Produced by deaurider, Graeme Mackreth and the Online

Distributed Proofreading Team at http://www.pgdp.net (This

file was produced from images generously made available

by The Internet Archive)

[Illustration:

GOVERNOR DAVEY'S

PROCLAMATION

TO THE ABORIGINES

1816.]

HISTORY OF ...

THE AUSTRALIAN

BUSHRANGERS..

BY

GEORGE E. BOXALL

_Author of "The Anglo-Saxon,

a Study in Evolution," etc., etc._

LONDON: T. FISHER UNWIN

ADELPHI TERRACE, MCMVIII

_FIRST EDITION, September, 1899._

_SECOND EDITION, May, 1902._

_THIRD EDITION, May, 1908._

PREFACE.

In this story of the bushrangers I do not pretend to have included the

names of all those who have at various times been called bushrangers

in Australia. That, as will be seen from what I have said in the

earlier chapters, would be not merely impossible but useless. I

believe, however, that I have collected some particulars about all

those who succeeded in winning even a local notoriety, and I have also

endeavoured to supply such personal characteristics of the leaders

in the movement as may throw some light on the causes which induced

them to "take to the bush." My principal object, however, has been to

make the picture as complete as possible, so that the magnitude of

the social evil which the Australians set themselves to cure may be

realised; and it is generally believed in Australia that this cure has

been so complete that bushranging will never again become epidemic.

The story is a terrible one. Some of the incidents related are no

doubt revolting, but it is necessary that even these should be told

to show how civilised man may be degraded by unjust and oppressive

laws. We are all creatures of the educational influences to which we

are subjected in our youth, and therefore it is unfair to blame the

earlier bushrangers; because they were the products of the civilisation

of their day, and were not themselves responsible. But sensational as

the story is, its tendency is rather to depress than to exhilarate

the reader, for the story is a sad one, in that it shows a deplorable

waste of what under happier conditions might have been useful lives.

As a rule I have adhered very closely to the newspaper reports of

the time, but to make the story (which naturally tends to be scrappy

and disconnected) as homogeneous and continuous as possible, I have

followed one gang to the close of its career, and then returned to take

up the history of another gang. I have paid special attention to the

geography of the country, and the reader who possesses a fairly good

map of each of the colonies should have no difficulty in following the

movements of each of the gangs, and may thus obtain an idea of the

extent of the area over which it operated.

Hitherto the histories of Australia have passed very lightly over

the bushrangers, but there can be no doubt that they exercised some

influence, and not always for evil, for to their influence is due some

of the sturdy Republicanism of the modern Australians. The publication

of this story may perhaps assist the future historian in tracing the

growth of public opinion in Australia, and will therefore not be

without its use. It is in this hope that I submit it to the public.

G.E.B.

AUTHORITIES QUOTED.

Reports of the Select Committees of the House of Commons on

Transportation, Sessions 1837 and 1838: Chapters I., II., III., IV.

Report of the Special Commission of Enquiry into the state of the

Colony of New South Wales. By John Thomas Bigge, 1822 and 1823:

Chapters I., II., IV.

Despatches of Governors Macquarie, Bourke, Sorell, Arthur, Franklin,

Denison, Latrobe, &c., to the Colonial Office: Chapters I., II.,

III., IV., XII.

History of Van Diemen's Land, from 1820 to 1835. Anonymous. Chapters

I., II.

History of Bendigo. By George Mackay. Chapter XII.

The Last of the Tasmanians. By James Bonwick, F.R.G.S. Chapter II.

_The Spectator._ Chapter IX.

_Hobart Town Gazette._ Chapters I., II., III.

_Hobart Town Courier_ and _Murray's Review_. Chapters I., II., VI.,

X., XI., XV.

_Colonial Times._ Chapters X., XI., XV.

_Cornwall Chronicle._ Chapters I., II., III., VI., IX., X., XI.

_Launceston Advertiser._ Chapters I., II., VI., IX., X.

_Launceston Examiner._ Chapters VI., IX., XI.

_Sydney Gazette._ Chapters I., IV., VI., VII.

_Sydney Monitor._ Chapters I., IV.

_Sydney Australian._ Chapters I., IV.

_Sydney Morning Herald._ Chapters V., VI., VII., VIII., IX., XV.,

XVI., XVII., XVIII., XIX., XX., XXI., XXII., XXIII., XXIV., XXVIII.

_Melbourne Argus._ Chapters IV., XIII., XIV., XV., XXI., XXV.,

XXVIII., XXIX., XXX., XXXI.

_Port Phillip Herald._ Chapters VI., VII., VIII.

_Geelong Advertiser._ Chapters XII., XIII., XIV., XV.

_Melbourne Herald._ Chapters XII., XIV., XV.

_Melbourne Age._ Chapters XXIX., XXX., XXXI.

_South Australian Register._ Chapters VIII., XXIV.

_Brisbane Courier._ Chapter XXVII.

_New Zealand Herald._ Chapter XXVI.

The quotations from numerous provincial papers acknowledged in the

text have been taken at second hand, principally from the metropolitan

papers of the colony referred to, and which are included in this list.

CONTENTS.

PAGE.

Chapter I.--Characteristics of the Convicts sent to

Australia; Bushranging; Origin and Meaning of

the Term; The Cat and the Double Cat; Condition

of the Prisoners; Some Terrible Revelations; The

Desperation of Despair; Some Flogging Stories;

The Bushranging Act and its Abuses; Some

Opinions of the Magistrates; Savage Treatment of

Criminals Continued to the Present Time; Brutality

not Cured by Brutal Punishment; When Bushranging

First Began 1

Chapter II.--Van Diemen's Land; The First Bushranger;

Mike Howe, the King of the Ranges; The

Raid on the Blacks; The Black War; Musquito;

Outrages by the Blacks; Brutal Treatment of the

Blacks by Bushrangers; A War of Reprisals;

Gigantic Scheme to Capture the Blacks; A Cordon

Drawn Round the Disaffected District; Details

of the Scheme; Its Failure; Only Two Blacks

Captured; Estimated Cost; Fate of the Blacks 17

Chapter III.--Pierce the Cannibal; A Terrible Journey;

A Shocking Confession; Escapes from the Western

Hell; The Ruffian Jefferies; Brady the Bushranger;

Escapes from Macquarie Harbour; Sticks

up the Town of Sorell; The Governor's Proclamation;

Brady Laughs at it; The Fight with Captain

Balfour; Betrayed by a Comrade; Captured by

John Batman; Sympathy at his Trial; End of the

Epoch 33

Chapter IV.--Bushranging in New South Wales; Manufacturing

Bushrangers; Employing Bushrangers;

The First Bank Robbery in Australia; Major Mudie

and his Assigned Servants; Terrible Hollow;

Murder of Dr. Wardell; The Story of Jack the

Rammer; Hall, Mayne and Others 48

Chapter V.--John Lynch; Murder of Kearns Landregan;

Lynch's Trial and Sentence; His Terrible

Confession; Murder of the Frazers, Father and

Son; Murder and Cremation of the Mulligans;

His Appeals to Almighty God 60

Chapter VI.--Jackey Jackey, the Gentleman Bushranger;

His Dispute with Paddy Curran; Some

Legends About Him; Jackey Jackey Always Well

Dressed and Mounted; His Capture at Bungendore;

His Escape at Bargo Brush; Jackey Jackey visits

Sydney; His Capture by Miss Gray; Paddy

Curran's Fight with the Police; Recaptured and

Hung; John Wright Threatens to Make a Clean

Sweep 71

Chapter VII.--The Jewboy Gang; "Come and Shoot

the Bushrangers;" Constable Refuses to Leave

his Work to Hunt Bushrangers; Saved by his

Wife; Robberies in Maitland; Bushrangers in

High Hats; The Bullock-driver Captures the

Bushrangers; An Attempt to Reach the Dutch

Settlements; Mr. E.D. Day Captures the Gang;

Assigned Servants' Attempt at Bushranging; Some

Other Gangs 82

Chapter VIII.--Bushranging in South Australia; The

Robbers Captured in Melbourne; A Remarkable

Raid in Port Phillip; Going Out for a Fight with

the Bushrangers; A Bloody Battle; Cashan and

McIntyre; The Fight with the Mail Passengers;

Cashan Escapes from the Lock-up; Is Recaptured;

McIntyre Caught at Gammon Plains 95

Chapter IX.--Bushrangers and Pirates; Capture of

H.M. Brig _Cyprus_ by Bushrangers; A Piratical

Voyage; Stealing the Schooners _Edward_ and

_Waterwitch_; Mutiny of Prisoners on H.M. Brig

_Governor Phillip_ at Norfolk Island; The Trial of

the Mutineers at Sydney; How Captain Boyle

Recaptured the Vessel 103

Chapter X.--Van Diemen's Land Again; A Hunt for

Bushrangers in the Mountains; Some Brutal

Attacks; "Stand!" "No, thanks, I'm very Comfortable

Sitting;" A Degrading Exhibition; A

Determined Judge; Cash, Kavanagh, and Jones,

an Enterprising Firm; The Art of Politeness as

Exhibited by Bushrangers; A Bushranger Hunt

in the Streets of Hobart Town; The Capture of

Cash; Break Up of the Gang; a Doubtful Mercy 111

Chapter XI.--Norfolk Island; Its Founding as a Penal

Station; The Terrible Discipline in Norfolk Island;

An Attempt to Ameliorate it; Its Failure; The

Rigorous Treatment Restored; The Consequent

Riot; Jackey Jackey's Revenge; An Unparalleled

Tale of Ferocity; The Soldiers Overawe the

Rioters; Thirteen Condemned to the Gallows;

Jackey Jackey's Remarkable Letter; The End of

Several Notorious Bushrangers 124

Chapter XII.--The Third Epoch of Bushranging;

The Gold Digging Era; Influx of Convicts from

Van Diemen's Land; Passing of the Criminals'

Influx Prevention Act; Attitude of the Diggers

Towards the Bushrangers and other Thieves; The

Nelson Gold Robbery; Some Pitiful Stories; A

Rapid Raid; Insecurity of the Melbourne Streets 134

Chapter XIII.--Captain Melville Takes to the Road;

He Ties and Robs Eighteen Men; He Goes to

Geelong for a Spree and Boasts of his Exploits; His

Sensational Capture; Sent to the Hulks; Murder of

Corporal Owens; Melville Removed from the Hulk

_Success_ to the Gaol; Murder of Mr. John Price,

and Mutiny of the Convicts; Melville Attacks Mr.

Wintle; Death of the Noted Bushranger 148

Chapter XIV.--Murder of a Bullock-driver; Sticking

Up in the Melbourne Streets; Stealing £100,000 in

Bank Notes; Want of Efficient Police Protection;

Murders and Robberies at Ballarat, Bendigo, Mount

Alexander, and other Diggings; The Robbery of

the McIvor Gold Escort; A Bushranger Intimidated

by a Bottle of Brandy; Robbery of the Bank of

Victoria at Ballarat; Capture of Garrett in London;

Prevalence of Horse Stealing; The Doctor's

"Creamy" 158

Chapter XV.--An Escape from Norfolk Island; Stealing

a Government Boat; The Convicts of New South

Wales; A Terrible Indictment; Thomas Willmore;

Murder of Philip Alger; Murder of Malachi Daly;

Fight Between Two Bushrangers; Hunting Down

Willmore; His Capture While Asleep; The Last of

the Van Diemen's Land Bushrangers; Wilson and

Dido; Some Minor Offenders; An Unfounded

Charge; A Change of Name to Rid the Island of

Evil Associations 173

Chapter XVI.--The New Bushranging Era; Fallacy

of the Belief that Highwaymen Rob the Rich to

Enrich the Poor; The Cattle Duffers and Horse

Planters; The Riot at Lambing Flat; Frank

Gardiner, the Butcher; Charged with Obtaining

Beasts "On the Cross," He Abandons His

Butcher's Shop; Efforts to Establish a Reign of

Terror in the District; A Letter from Gardiner;

The Great Escort Robbery 188

Chapter XVII.--Johnny Gilbert; His First Appearance

in Australia; Miscellaneous Bushranging Exploits;

Mr. Robert Lowe Makes a Stand; Mr. Inspector

Norton Captured by the Bushrangers; A Plucky

Black Boy; "Mine Know it, Patsy Daly Like it,

Brudder;" A Brave Boy; O'Meally Shoots Mr.

Barnes; A Bootless Bushranger; Capture of John

Foley; Something about the Foley Family; Ben

Hall 205

Chapter XVIII.--Racers as Mounts for the Bushrangers;

The Shooting of Lowry; The Bushrangers

Visit Bathurst; They Hold the Town

of Canowindra for Three Days; Burke Shot by

Mr. Keightley; Female Bushrangers; Death of

O'Meally at Goimbla; A Newspaper Man and

His Wife Stuck up; Lively Times During the

Christmas Holidays 218

Chapter XIX.--A Heavy Sessions at Goulburn; Ben

Hall Hard Pushed; An Amateur Mail Robber;

Discovery of Frank Gardiner; His Trial and

Sentence; The Old Man; A Brush with the Police;

The Chinkies Show Fight; Messrs. Hall & Co. Take

a Lease of the Main Southern Road; Capture of

Mount and Dunleavy; Johnny Dunn; A Desperate

Duel and Death of Sergeant Parry; A Country Ball

and Its Sequel 232

Chapter XX.--Meeting the Gold Escort; Murder of

Constable Nelson; A Brush with the Police;

Attempt to Stick up the Araluen Escort; Death

of Constable Kelly, and Pluck of Constable Burns;

Sir Frederick Pottinger Resigns; Death of Ben

Hall; A Sketch of His Life; Death of Johnny

Gilbert; Record of Johnny Dunn and the Gang;

Capture and Trial of Dunn; His Execution; Fate

of the Chief Members of the Gang 246

Chapter XXI.--Bloodthirsty Morgan; Morgan's

Opinion of the Police; Murder of Sergeant

McGinnerty; Murder at the Round Hill Station;

A Pseudo Morgan; Morgan Threatens to Brand

All Hands; He Shoots Sergeant Smyth; Challenged

to Visit Victoria; He Accepts the

Challenge; His Death at Peechelba 258

Chapter XXII.--The Brothers Clarke; The Raid at

Nerigundah; Deaths of William Fletcher and

Constable O'Grady; Murder of Four Special

Constables at Jinden; Annie Clarke at Goulburn;

Capture of Thomas and John Clarke; A Terrible

Record; A Plucky Woman; An Attempt to

Escape Custody; "Shoot Away I Can't Stop

You"; Some Daring Robberies; Murder and

Cremation of the Brothers Pohlmann; Blue Cap 269

Chapter XXIII.--Bushranging in the Northern District

of New South Wales; Captain Thunderbolt Robs

the Tollbar; A Chinaman Bushranger; A Long

Chase; A Fight with the Police; "Next, Please";

The Bushranger Rutherford; Captain Thunderbolt

and the German Band; Desperate Duel

between Captain Thunderbolt and Constable

Walker; Thunderbolt's Death 287

Chapter XXIV.--Bushranging in the Wild Paroo;

A Raid into South Australia; A Relic of the

Bushranging Era; Agitation for the Release of

Gardiner; Official Reports as to Twenty-four

Bushrangers Still in Gaol; The Cases of Gardiner

and William Brookman; Gardiner and the other

Bushrangers Released; Gardiner leaves the

Country 304

Chapter XXV.--Bushranging in Victoria; Robert

Bourke; Harry Power; He Escapes from Pentridge

Gaol and Sticks up the Mail; An Amateur Bushranger;

The Police Hunt Power Down and Capture

Him Asleep; A Peacock as "Watch Dog;" The

Power Procession at Beechworth; The Trial of

Power; His Sentence; Engaged to Lecture on

Board the _Success_; His Death 315

Chapter XXVI.--Bushranging in New Zealand; Alleged

Fears of the Escort being Robbed; The First Bushranger;

Henry Beresford Garrett; The Maungapatau

Murders; Arrest of Sullivan, Kelly, Burgess,

and Levy in Nelson; Sullivan's Confession; The

Discovery of the Bodies; Sullivan's Release 326

Chapter XXVII.--Bushranging in Queensland; Some

Bushrangers from Over the Southern Border; A

Bogus Ben Hall; The Wild Scotchman; Queensland's

Only Bushranger; A Man of Many Aliases;

He Goes to Fight a Duel with Sir Frederick

Pottinger; He Escapes from the Steamer; Recaptured

and Tried 335

Chapter XXVIII.--Captain Moonlite; The "Reverend

Gentleman" Robs the Bank and Nearly Makes His

Escape; He Breaks Out of Ballarat Gaol; He

Becomes a Reformed Character; He Sticks up the

Wantabadgery Station; A Desperate Battle with

the Police; His Young Companions in Crime;

Sentenced to Death; The Wild Horse Hunters

Turn Bushrangers; An Abortive Attempt to Rob

a Bank 341

Chapter XXIX.--The Kelly Gang; Horse-Stealing a

Great Industry of the District; Faking the Brands;

Assault on Constable Fitzpatrick; The Bush

Telegraphs; Murder of Sergeant Kennedy and

Constables Scanlan and Lonergan; Sticking Up

of the Faithfull Creek Station; Robbery of the

National Bank at Euroa; A Big Haul 353

Chapter XXX.--The Kellys Stick op the Town of

Jerilderie; Robbery of the Bank of New South

Wales; A Symposium in the Royal Hotel; A Three-days'

Spree; "Hurrah for the Good Old Times of

Morgan and Ben Hall"; The Robbers take a Rest

for a Year; The Kelly Sympathisers Again; The

Kellys Reappear; Murder of Aaron Sherritt 365

Chapter XXXI.--Fight between the Police and the

Bushrangers at Glenrowan; The Railway Torn

Up; Attempt to Wreck the Police Train; The

Glenrowan Inn Besieged; Ned Kelly in Armour;

His Capture; The Burning of the Inn; Death

of Dan Kelly, Steve Hart, and Joe Byrnes; Trial

and Conviction of Ned Kelly; His Death; The

Kelly Show; Decrease of Crime in the Colonies 377

Index 386

CHAPTER I.

Introductory; Characteristics of the Convicts Sent to Australia;

Bushranging: Origin and Meaning of the Term; The Cat and the Double

Cat; Condition of the Prisoners: Some Terrible Revelations; The

Desperation of Despair; Some Flogging Stories; The Bushranging Act

and Its Abuses; Opinions of the Magistrates; Savage Treatment of

Criminals Continued to the Present Time; Brutality not Cured by

Brutal Punishment; Where Bushranging First Began.

The species of brigandage known in Australia as bushranging was,

without doubt, evolved, more or less directly, from the convict system

established as the basis of the earlier settlements in the island

continent. The first bushrangers were simply men who took to the bush

to escape work and enjoy freedom of action. Under the harsh laws of the

Georgian era the greater criminals were hung, and not transported, and

the convicts sent to "Botany Bay," in the eighteenth and the earlier

years of the nineteenth centuries, were generally men to whom the

trammels of the civilisation of their day were irksome. Many of them

were political agitators, industrial rioters, and machine-breakers.

The others were poachers and similarly comparatively mild offenders

against the laws, who, under the present laws of Great Britain, would

be sufficiently punished with a few months' imprisonment. Many of these

men, when they were removed to a new land where the social conditions

did not press so heavily on them, became honest and reputable citizens,

and, perhaps, but for the harsh treatment they were subjected to,

numbers of others who were driven to continue their fight against

authority, might also have lived quiet and useful lives. This subject

is a very delicate one, and it is not my intention to pursue it

further here; but if it could be fully treated without giving offence

to numbers of worthy and, in some cases, justly honoured residents

of Australia, some very valuable lessons might be learned from the

histories of some of those families whose founders could not live in

England without offending against the laws, but who could and did earn

the respect of their fellow colonists in Australia who were not "sent

out."

The student of history in Australia is reminded, perhaps more forcibly

than his fellow in England, that the humanitarian spirit, now so

distinguishing a trait in the Anglo-Saxon character, is of very recent

growth. Under the operation of this new force the criminal law of

England was rapidly softened and ameliorated, and with every advance

in this direction the character of the convicts sent out to Australia

steadily deteriorated, if I may so describe the process. With every

alteration in the law a fresh class of criminal was transported, and

these with few exceptions would, a few months before, have been hung.

At first, pickpockets, then sheep and horse-stealers, forgers and

others, who had previously only escaped the gallows in rare instances,

when they could find some influential friend to take sufficient

interest in them to plead their cause, were now transported as a matter

of course. This process continued until transportation ceased, and as

the last batch of prisoners sent out was presumably the worst, having

been guilty of more heinous crimes than their predecessors, we are too

apt to judge the earlier convicts harshly from our knowledge of the

later ones. The general effect was that while, with the amelioration

of the laws, crime steadily decreased in England, it just as steadily

increased in Australia, and no doubt the worst criminals were

transported to Van Diemen's Land after transportation had ceased to

New South Wales in 1842. The laws of England previously to the great

changes made during the past sixty years seem to me to have operated,

whether designedly or not, to clear the country of the disaffected and

the discontented, rather than the criminal. How far the introduction of

large numbers of this class into the country may have paved the way for

modern advances in liberal government in Australia, is a question which

it might be profitable to study; but it only relates to the bushrangers

so far as it enables us to account for the large number of men who

"took to the bush."

The earlier bushrangers seem to have been idle and dissolute, rather

than criminal, characters. They watched for an opportunity to escape

into a patch of scrub whenever the eye of the sentry in charge of

them was turned away, and the nature of the country was so favourable

to this method of evasion that it constituted a continuous challenge

to them to run away, and, almost incredible as it may appear now,

numbers of men started northward or westward in hopes of reaching the

Dutch or English settlements at Batavia, Singapore, Hong Kong, or

some other place in that direction. It must be remembered that the

majority of the working classes at the beginning of the century could

not read and had no knowledge of geography. They had heard sailors

speak of these settlements and had no idea that hundreds of miles of

sea flowed between them and Australia. How many of these poor ignorant

men lost their lives in the attempt to achieve the impossible cannot

be said, but some terrible stories of cannibalism have been related

in connection with this phase of bushranging. The majority of the

"runaways," however, had no such definite ideas as these, erroneous as

they may have been. They hoped to be able to live in freedom in the

bush and to subsist on fruits, roots, or other native growths. Some few

joined a tribe of blacks and stayed longer or shorter times with them;

others simply wandered about until hunger drove them back; while very

many remained at large until they were captured, and these lived by

stealing from farmers and other settlers any articles which could be

eaten or sold. When one of these early bushrangers grew tired of his

freedom he gave himself up at the nearest police station and received

fifty lashes. The penalty for a second offence was twelve months in a

chain gang.

There was no adequate system of classifying the convicts. It was the

custom in advertising runaways to give the name of the man and that

of the ship in which he was transported. Then followed the personal

description, and that was all. It was admitted to be inconvenient,

but no attempt appears to have been made to improve it. Besides

this, for administration purposes, convicts were divided into three

classes according to their sentences. Thus there were men who had been

transported for "seven" years, for "fourteen" years, or for "life."

They were also classified as "young," "middle-aged," and "old," and

usually the crime for which they had been transported was specified,

but such a description gave no indication of the character of the man.

Finally they were divided into "town thieves," "rural labourers," and

"gentlemen." This was a step in the right direction, but it was too

vague to be of much use. The educated convicts were all classified as

"gentlemen" whether they came from the towns or the rural districts.[1]

It is worthy of note that the proportion of skilled labourers, or

tradesmen as they are called, was very small. Very few men who had been

apprenticed to a trade were among the convicts sent to Australia at any

time.

There were no regulations as to hours of work, and the severe

taskmaster might work his assigned servants as many hours as he

pleased. It was generally understood that Sunday was to be a holiday,

or day of rest, but excuses were readily found for making the convicts

work on this day, and this was a fruitful source of discontent. Very

frequently men absconded on Saturday night, remained in the bush on

Sunday, and returned on Monday to take the customary fifty lashes and

resume work.

If flogging is efficacious in preventing crime, it should have made

the convict colonies the most virtuous places on earth, for the

"cat" was in almost continuous use in New South Wales and in Van

Diemen's Land. The "cat" generally used was the ordinary military

or naval cat; but "the cat used at Macquarie Harbour was a larger

and heavier instrument than that used generally for the punishment

of soldiers or sailors. It was called the thief's cat, or double

cat-o'-nine-tails. It had only the usual number of tails, but each of

these was a double twist of whipcord, and each tail had nine knots.

It was a very formidable instrument indeed."[2] How far the influence

of this barbarous instrument of torture tended to make the prisoners

at Macquarie Harbour the most reckless and ferocious of the convicts

of Australia it is unnecessary to enquire, but there can be no doubt

that its influence was for evil and not for good. It is with the

ordinary "cat," with which England in these barbarous times flogged

her defenders as ferociously as she did her prisoners, that we have

to deal; and, frightful as the tortures were which were inflicted on

the convicts, we have positive evidence that their lot was looked

upon with envy by the soldiers who guarded them. Several soldiers in

New South Wales deliberately committed crime so that they might be

convicted, in the hope that, by good conduct, they might earn some of

the indulgences open to convicts. The fact is that any prisoner who

contrived, by obsequiousness or in any other way, to make friends with

an official, had his way made easy for him, while the independent,

whether industrious or not, were ruthlessly persecuted until, in many

cases, they were finally forced to the gallows.

"The prisoners of all classes in Government are fed with the coarsest

food; governed with the most rigid discipline; subjected to the

stern, and frequently capricious and tyrannical will of an overseer;

for the slightest offence (sometimes for none at all--the victim of

false accusation) brought before a magistrate, whom the Government

has armed with the tremendous powers of a summary jurisdiction, and

either flogged, or sentenced to solitary confinement, or retransported

to an iron gang, where he must work in heavy irons, or to a penal

settlement, where he will be ruled with a rod of iron. If assigned to

a private individual he becomes a creature of chance. He may fall into

the hands of a kind indulgent master, who will reward his fidelity with

suitable acknowledgments; but, in ninety-nine cases out of a hundred,

he will find his employer suspicious, or whimsical, or a blockhead,

not knowing good conduct from bad, or a despot, who treats him like a

slave, cursing and abusing, and getting him flogged for no reasonable

cause. He may be harassed to the very death--he may be worked like a

horse, and fed like a chameleon. The master, though not invested by

law with uncontrolled power, has yet great authority, which may be

abused in a thousand ways precluding redress. Even his legal power is

sufficiently formidable. A single act of disobedience is a sufficient

ground of complaint before the magistrate, and is always severely

dealt with. But, besides the master's power, the prisoners are in some

measure under a dominion to the free population at large; any man can

give him in charge without ceremony. If seen drunk, if seen tippling

in the public-house, if met after hours in the street, if unable to

pay his trifling debt, if impertinent--the free man has nothing more

to do than to send him to the watch-house, and get him punished. The

poor prisoner is at the mercy of all men."[3] This appears to be a fair

and unexaggerated statement of the conditions, and therefore it is

little cause for wonder that the general tone of morality in the colony

was low. Mr. J.T. Bigge says that "every opportunity was seized for

cheating. When the convicts attended at the store to draw their weekly

rations, supplies were frequently drawn for men not at work there.

False lists of men employed in the various gangs were made out."[4]

In fact, the Government of the Colony was a military despotism under

which corruption was rampant, so that the authorities themselves set an

example of immorality which the convicts were not slow to follow. "The

police made a considerable revenue by blackmailing convicts who were in

business."[5] Those who could pay were allowed to continue to enjoy a

freedom to which they were not legally entitled, while those who would

not, or could not, be blackmailed, to satisfy the exorbitant demands

of the so-called custodians of the peace, speedily "got into trouble,"

and were prosecuted. It was said that if a man could escape from a

country district and go to Sydney he might, if he could afford to dress

well, pass as a free man without attracting attention. A blacksmith

named Brady, assigned to Major James Mudie, of Castle Forbes, eluded

the police in this way for nearly two years. He was recognised by a

fellow convict, some time before he was captured, but this man "let

him go for £5." Such cases, however, were exceptions to the general

rule. The majority of runaways went into the bush and not into the

town, and the _Sydney and Hobart Town Gazettes_ in early times contain

numerous proclamations by the various governors calling upon all well

disposed persons to assist the military in capturing runaways. Some

of the issues of these _Gazettes_ contain columns of the names and

descriptions of persons variously styled "absconders," "absentees,"

"bolters," or "bushrangers." In these the term "bushranger" appears

most frequently in New South Wales, while "bolter" was the more popular

in Van Diemen's Land. The first bushrangers, therefore, were men who

"took to the bush" to escape work, and therefore it was quite possible

for a man to be a bushranger without committing any depredations on his

more prosperous fellows.

But laziness was not the sole cause of bushranging in early times.

A more powerful impulse perhaps was discontent, love of change.

"One of the most common indications of the misery of convicts under

existing circumstances is a passionate desire for change of place;

and when serving considerate masters they are sometimes indulged in

this by being transferred (though always as a sort of punishment) to

their disadvantage. In other cases, however, the desire becomes so

strong that they will steal, or commit some equal offence, expressly

to be condemned to a road gang or penal settlement."[6] In fact the

monotony of their lives became insupportable, even in those cases

where they were not cruelly treated. Captain Maconochie cites cases

of men who have so acted within a few months of their being entitled

to a ticket-of-leave, and who have thus forfeited their chances

of freedom in the near future. In some cases this was due to the

"inhuman treatment" of the master. In one case a valuable servant--a

blacksmith--whose time had nearly expired, was goaded into running

away so that he might be condemned to a further term of service before

obtaining his ticket-of-leave, and this was not an isolated case.

"Generally," said Dr. J.D. Lang, "the condition of the assigned

servant in New South Wales is superior to that of the farm labourer

of England. He is better clothed, better fed, and as comfortably

lodged. He is under personal restraint, not being allowed to leave

his master's property without a pass, but he has many comforts and

means of amusement which render his situation by no means irksome or

severe."[7] But it was just this restraint which the persons with

whom we are now dealing found intolerable. They had not the patience,

the long-suffering resignation of the English farm labourer. Many of

them had been English farm labourers and had found the conditions in

which they lived intolerable, and when they realised that they had not

very much improved these conditions by being sent to Australia, they

rebelled again. "The experience furnished by the penal settlements,"

said Judge Forbes, "has proved that transportation is capable of being

carried to an extreme of suffering such as to render death desirable,

and to induce many prisoners to seek it under its most appalling

aspects.... I have known cases in which it appeared that men had

committed crimes at Norfolk Island, for the mere purpose of being

sent to Sydney to be tried, and the cause of their desiring to be so

sent was to avoid the state of endurance in which they were placed in

Norfolk Island." ... Several cases occurred in which "men at Norfolk

Island cut the heads of their fellow-prisoners with the hoe while at

work, with the certainty of being detected, and the certainty of being

executed. They did this without malice, and when charged said it was

better to be hung than to live in such a hell."[8] Sir Richard Bourke

said: "Capital crimes have been committed in that penal settlement from

a desperate determination to stake the chance of capital conviction and

punishment in Sydney against the chances of escape which the passage

might afford to the accused and to the witnesses summoned to attend the

trial."[9] The early bushrangers of Australia ranged therefore from

the comparatively innocent wanderer in the bush, to such desperadoes

as these, while the crimes they committed varied from petty theft to

burglary, bank robbery, robbery on the high road, and murder. The

modern idea of a bushranger is a bold highwayman, and no doubt many of

the bushrangers come up to this ideal, but the story of the bushrangers

would not be complete if it took no note of the others.

The settlement on Norfolk Island was established with the view

of sending all the reconvicted prisoners there. It was the penal

settlement of a penal settlement. It was abandoned for a time, after

the founding of a similar settlement on the banks of the Derwent river

in Van Diemen's Land, but was re-established as a place of punishment

in connection with that colony, and many of the most notorious of

the bushrangers ended their days there, as we shall see later. It

was in the convict settlements in those islands that the greatest

brutalities were perpetrated on the prisoners, and Norfolk Island,

Macquarie Harbour, and Port Arthur were each known as "The Hell" among

the "old hands," as the convicts were called after transportation had

been abolished. It was in these settlements that the more violent

and refractory of the convicts were gradually collected, and the

history of these places tends to prove that brutality cannot be cured

by brutal means. Flogging which was an every-day occurrence had no

reformatory effect. The early bushrangers thought nothing of it. It

certainly did not deter them from absconding whenever they thought

fit. When an absconder tired of wandering about the bush, he returned

to the settlement to take his flogging "like a man." In the stories

told by the old hands, the absconder or offender in some other way was

represented as walking jauntily up to the triangles, throwing off his

jumper, placing himself in position for tying, and then, when he had

been secured, telling the flagellator to do his "d----est," and, if

the descriptions of the manner in which the floggers performed their

task which have come down to us are true, the punishment was a terrible

one. It is said that there were two floggers in Sydney who were

regarded as artists in their profession. These men performed together,

the one being right-handed and the other left. They prided themselves

on being able to flog a man without breaking the skin, and consequently

there was no blood spilled. But the back of the flogged man is

described as having been puffed up like "blown veal." The swelling

"shook like jelly," and the effects were felt for a much longer period

than when the back was cut and scored as it generally was, for we are

told that the ground, in the Barrack Square in Sydney, all round where

the triangles stood, was saturated with human blood, and the flogging

places elsewhere must have been in the same condition. But to return.

When the man had received his dose and was cast loose, he would throw

his jumper across his shoulders and walk away with a grin--or with some

such remarks as "Well, is that all you can do?---- you!" and afterwards

boast that "the---- couldn't get a whimper" out of him. I have heard a

story of a man who was flogged. The flagellator kept hitting him low

down across the loins. The prisoner turned his head round once and said

fiercely: "Hit higher, blast you!" The flogger took no notice, and the

prisoner made no other sign until he was untied. Then he knocked the

flogger down with his fist, and was immediately seized up for another

"dose."

"I can assure you, from personal observation, that it is not uncommon

to see a poor wretch working on the roads, or labouring in the fields,

with his coarse shirt sticking to the green and tainted flesh of his

lacerated back, and that, too, for the most venial offence.... I

have it from unquestionable authority, that it frequently occurs in

the summer season that the eggs of the blue-fly become inserted and

hatched in the wounds of the punished offender, from which they are

occasionally extracted by some humane companion."[10]

The blow-fly in Australia, although frequently called "blue-bottle,"

is not blue. It deposits its young alive in the form of maggots, and

great care has always to be taken to prevent sores on man or beast from

being "blown." It is very common for flannel shirts, which have become

greasy from perspiration, to be blown on the backs of workmen, and the

maggots thus deposited will attack and irritate any scratch or sore

they can find if not removed quickly.

The convict, so far from having been ashamed of being flogged, boasted

of it. But nothing pleased them better than the relations of stories

about the flogging of "freemen," as those settlers who had gone to the

colonies neither as convicts nor officials were called. One story,

which may or may not be true, has been told as having occurred in every

convict district in Australia. It was to the effect that a master one

day gave a letter to an assigned servant and told him to take it to

the nearest gaol. The servant, surmising that the letter was somewhat

to the following effect:--"Dear Sir,--Please give the bearer fifty

for absconding (or what not), and oblige, yours truly, &c.," told a

plausible tale to the first freeman he met and induced him to deliver

the letter. The point of the story generally lay in the ingenuity

with which the convict induced the freeman to deliver the letter for

him, but the astonishment of the freeman when he was seized up to the

triangles in spite of his struggles and protestations, and given the

"fifty," was a perpetual source of joy and hilarity to the convicts who

heard the story. There is nothing inherently improbable in this story.

It is quite probable that the incident may have occurred more than

once. Although freemen were legally exempt from flogging, unless under

sentence of a qualified Court, many authentic instances of freemen

having been flogged have been told. Here is one. "A store-keeper in

Hobart Town had offended his neighbours, and one of them, in revenge,

posted a written placard libelling the offender. The placard was

affixed to a big gum stump at the corner of Collins and Elizabeth

Streets. Just as the complainant was putting this bill on the stump

the man libelled in it passed and called the attention of the Military

Commandant, who was near at hand at the time, to it. A sort of informal

drum-head Court Martial was held on the spot, and the libeller was

found guilty and sentenced to receive three hundred lashes, which were

administered at once, in spite of the protests of the victim that he

was a freeman and was therefore entitled to a judicial trial. When

two hundred lashes had been administered, a cry of 'Ship ho' was

raised, and the last hundred was got rid of as quickly as possible, the

Commandant, the flagellator, the spectators, and others all rushing

away to the wharf to hear the news from Europe."[11] If the law could

be thus set at defiance by a military official in the case of a free

immigrant holding a good position, what chance of justice could there

be for a convict? A story illustrating the reckless manner in which

prisoners were flogged is told by the _Launceston Advertiser_. "A

prisoner was found guilty of absconding, and sentenced to receive fifty

lashes, when some circumstances were disclosed which proved that the

prisoner was innocent, but had lost his pass. 'Never mind,' said the

Launceston magistrate, 'the warrant is signed, let him be punished now;

I will forgive him the next time he's brought up.'" The tyranny of the

officials was boundless. One Government rule was that all convicts

should take off their hats to officers and officials whenever they

passed. In January, 1839, a party of convicts was building some steps

at Woolloomooloo Bay, on Sir Maurice O'Connell's estate. Several of

them were rolling a heavy stone down to be placed in position when an

officer passed along and the convicts immediately rose up and took

their hats off. The stone rolled quickly down the steep embankment,

struck the overseer and knocked him down, almost breaking his leg.

Captain O'Connell gave orders that the men should not salute anybody

in future while at work. A few days later Colonel Wilson, Chief

Police Magistrate of Sydney, passed, accompanied by his daughter. The

convicts continued at work without noticing him. "Take off your hats,"

cried the Colonel. Several of the men did so, but Joseph Todd, who

was carrying a heavy load, took no notice. "Take off your hat, you

scoundrel," said the Colonel. Todd said he had been ordered not to.

The Colonel shouted "I'll have your back skinned for you, you rascal,"

called the sergeant of police who acted as guard, and gave Todd in

charge. Captain O'Connell appeared to defend his man and said Colonel

Wilson was trespassing and had no right to interfere with assigned

servants on their master's estate. Sergeant Goodwin deposed that the

path was a common one and people frequented it to get to the bathing

place. Sergeant Mather said that Todd had struggled when arrested.

The Bench held that Todd being an assigned servant had been guilty of

disorderly conduct in resisting the police. Had he been a freeman he

would have been justified in resisting arrest without a warrant; but,

being a prisoner, his conduct had been highly disorderly, and he was,

therefore, sentenced to receive fifty lashes. A week later Todd was

again arrested for being out after hours, and was sentenced to receive

thirty lashes. The paper in reporting this charged Colonel Wilson with

tyrannical conduct, and says that he went to see Todd flogged.[12]

I am not relating the worst cases in order to "make out a case" for the

bushrangers, but simply facts to illustrate the life in the colonies at

the time, and thus account for the large number of men who "took to the

bush," and the special Acts passed to prevent this breach of the law

were as tyrannical as the acts of the officials or the masters which

went so far to create it. The "Bushranging Act" (11 George IV., No. 10)

authorised the military or civil police to arrest any person on the

mere suspicion that he or she was illegally at large, and the onus of

proof was thrown on the suspected party. This Act was a fruitful source

of complaint. No one was safe except well known officials, and it is

said that the Act was extensively used for purposes of extortion and

black mail. A young woman was arrested by an ex-constable and charged

with being illegally at large. It was in vain that she protested that

she was "free" and did not require a pass. He insisted on taking her to

the lock-up. Fortunately, while walking along the street she met some

one who knew her and who threatened the ex-policeman with prosecution

if he did not release her. The fellow did so and was not prosecuted.

Probably had an enquiry been held it would have been found that he was

acting in collusion with the police. Even the officials were not always

safe. Mr. Jacques, the Government auctioneer, had been to a dinner

party. Being near the Custom House he decided to walk to the wharf from

whence the steamer, which ran to Balmain, started and go home in her.

Not having walked to the wharf from that point before, he found it

necessary to apply to a constable for information as to which turning

he should take, and was immediately arrested as a convict illegally at

large. In spite of his protests he was conveyed to the nearest police

station. The sergeant in charge refused to believe his story, and

thought that the presence of a well-dressed man in that quarter was

suspicious. Mr. Jacques was therefore detained till morning, when he

was recognised by the magistrate and discharged. In 1834 a circular

letter was addressed by the Governor to the various police-magistrates

in New South Wales, enquiring whether, in their opinion, the Act

should be reaffirmed or not, and the replies were by a large majority

in favour of its being continued, while others merely suggested that

it might be amended in various ways to prevent the abuses which had

grown up under its operation. Judge Burton was almost alone in his

condemnation of the Bushranging Act, which, he said, was repugnant to

the laws of England. "England and the United States of America," he

said, "are the only two countries in the world where passports are not

compulsory," and he deprecated the introduction of the passport system

into Australia. It was held that the conditions existing in the colony

made such an act necessary, and it was therefore re-enacted without

amendment.[13] It is worthy of note, as illustrating Colonial Office

procedure of that day, that it was the paid officials, and not the

public, who were consulted in this matter.

The facts being as I have stated, the wonder is not that large numbers

of prisoners "took to the bush" but that all did not do so, and the

more we study the early history of the convict settlements the less

we feel inclined to blame the early bushrangers, however savage or

atrocious their actions were. But we have not yet quite escaped from

barbarism. In spite of the positive evidence that flogging brutalises

and does not reform it is still continued. We also continue to hang

criminals, although there is no proof that it deters crime or effects

any good whatever. I do not belong to any society for the abolition of

capital punishment. I may admit that perhaps there may be men whose

death is desirable or expedient; but, if it is so, if there are men

unfit to live or whose death might add to the happiness or security

of the majority, then I think that we might extend to our fellow

creatures, however ferocious or abandoned they may be, the mercy which

we show to savage or superfluous dogs and cease from torturing them

in their last moments. Hanging has had a sufficiently lengthy trial

in Australia if it has not in England. Old residents in Sydney or in

Hobart Town or in any other locality where penal settlements have

existed can point out numbers of places where the gallows has been

erected, and in some cases trees are still standing where numbers of

men have struggled away their last few moments of life. This, however,

is not the place to enlarge upon this subject, but the story I have

to tell shows a lamentable waste of life, and many even of the more

notorious of the bushrangers have exhibited qualities which might under

happier conditions have fitted them for useful work. This is specially

true of the earlier bushrangers who were the victims generally of

unjust laws. Of the later ones, the native-born bushrangers, it is

impossible to speak in the same terms. They were not driven to crime

by want or oppression, but they were the vicious products of a vicious

past. Their crimes were due to vicious environment and education, but

they are gone now and, if we may draw some lessons of utility for the

future, even their lives may not have been altogether wasted.

From the evidence I have adduced it will be seen that the early

bushrangers were very numerous. "In one case it became known," said Mr.

James Macarthur, "that a gang of about sixty convicts, employed in the

Government gangs in Liverpool, intended to break out on a certain night

and take to the bush. It was considered advisable to allow them to

break out, proper precautions having been made to capture them. It was

the intention to attack our farming stations at Camden. We armed twelve

of the best-conducted of our convict servants, but the absconders found

that their design had been discovered and did not attempt to put it in

force."[14] Thus the bushrangers did not always go out singly, or in

twos or threes. Mr. J.T. Bigge says: "At Windsor, and in the adjoining

districts, the offence termed bushranging, or absconding in the

woods, and living upon plunder and the robbing of orchards, are most

prevalent.... At Emu Plains, or the district of Evan, gambling, absence

from work, insolence to overseers, neglect of work, and stealing, are

the most common offences.... As the population of New South Wales has,

until lately, been virtually limited to the occupation of a small

tract of land that lies between the Blue Mountains and the sea, and as

few temptations to plunder existed in the tracts contiguous to these

boundaries, excepting those that are afforded by the wild cattle in

the cow-pastures, the offence of bushranging, or continued absence in

the woods, has not of late been common. Instances have occurred of the

departure of convicts for the purpose of traversing the country with a

view to escape, of the escape of some from Newcastle, sent thither for

punishment, and their wandering and temporary existence in the vicinity

of Windsor; and latterly, a few instances of escape from the road

parties in the districts of Liverpool and Bathurst; but there has been

no systematic or continued efforts of desperate convicts to defy the

attempts of the local Government in New South Wales, or to subsist by

plunder, such as have existed until a very late period in Van Diemen's

Land."[15]

It is in Van Diemen's Land, therefore, that our story of the more

serious phases of bushranging first begins.

FOOTNOTES:

[Footnote 1: Evidence of Sir Francis Forbes, Chief Justice of New South

Wales. Report of the Select Committee of the House of Commons, July,

1837.]

[Footnote 2: Despatch from Governor Macquarie to Earl Bathurst, June

28, 1813.]

[Footnote 3: _Sydney Gazette_, November 20, 1830.]

[Footnote 4: Commission of Enquiry into the state of the colony of New

South Wales, 1822.]

[Footnote 5: Report of the Select Committee of the House of Commons on

Transportation, July, 1837.]

[Footnote 6: Report by Captain Maconochie, forwarded to the Colonial

Office by Sir John Franklin, October 7th, 1837.]

[Footnote 7: Select Committee of the House of Commons on

Transportation, August, 1838.]

[Footnote 8: Select Committee of the House of Commons on

Transportation, August, 1838.]

[Footnote 9: Despatch to Colonial Office, entitled "Administration of

Justice at Norfolk Island, November, 1838."]

[Footnote 10: Secondary Punishments discussed by an Emigrant of

1821.--_Launceston Advertiser_.]

[Footnote 11: History of Van Diemen's Land from 1820 to 1835.]

[Footnote 12: _Sydney Gazette._]

[Footnote 13: Dispatch of Governor Bourke to the Colonial Office, 1835.]

[Footnote 14: Select Committee of the House of Commons on

Transportation, July, 1837.]

[Footnote 15: Commission of Enquiry into the state of the colony of New

South Wales, 1822.]

History of the Australian Bushrangers · 第 1 / 31 章