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.

For some years the roads in Van Diemen's Land had been comparatively

safe, very few highway robberies being recorded, and the newspapers

generally asserted that bushranging, in its worst form, had been

stamped out. This assertion, however, is not altogether borne out by

the evidence, and the most that can be said is that bushranging was not

nearly so prevalent as in former times, and no bushranger had exercised

his calling for a sufficiently long time to earn notoriety, but even

this comparatively happy condition did not last very long.

The bushrangers James Regan, William Davis, James Atterill, alias

Thompson, and Anthony Bankes having committed a number of depredations

on the settlers, the Government resolved to make a decisive effort to

capture them. Consequently, on February 21st, 1838, Captain Mackenzie,

with three privates of the 21st Fusiliers, two constables of the Field

Police, and two prisoner volunteers, went to Jerusalem, where he was

informed by the Police Magistrate of Richmond that another house had

been robbed by the bushrangers, who had retired to the Brown Mountain.

A guide, well acquainted with the Tiers, was found, and the party

started the following morning. They struck into the bush a short

distance beyond Mr. Tomley's, and at two o'clock came to a hut where

the stockman, an intelligent lad, informed them that the bushrangers

had robbed his master's house on the previous night at ten o'clock,

taking a horse to carry the robber Bankes, who had been wounded. The

lad was taken as a guide, and led them up a ravine, which soon became

too steep for the horses. They reached the summit of the Brown Mountain

about dusk, but without seeing any fire or other indication of a camp.

They reached Mr. Ree's house, on the Richmond side, about midnight, and

returned to Jerusalem at six on Friday morning, having been marching

for twenty-three hours over very rough country. After six hours'

rest Captain Mackenzie took Wesley, one of Mr. Johnson's shepherds,

as guide, and resumed the search. They reached Mr. Stokell's house

at dusk, and approached it with great caution. Finding no one there,

Captain Mackenzie left two sentries, and pushed on to Romney's, where

they arrived at about half-past one. The moon was shining brightly. The

hut was surrounded, and Captain Mackenzie called for three volunteers,

telling the men that it was a forlorn hope, as the robbers would

probably shoot two out of the three, the moonlight being so bright. The

captain called on Regan by name to surrender, but received no answer.

He then walked up to the window, and said to the occupant of the hut,

"Tucker, you old blockhead! why don't you open the door?" There was a

rattle of musketry, and the captain stepped back into the shadow of

the hut. Captain Mackenzie called out to his men not to fire unless

the bushrangers did, or unless they rushed out and tried to escape.

Then Constable Peacock advanced to the window and looked in. Captain

Mackenzie said if the door was not opened he would fire, and after

waiting a minute or so told Private Cockburn to shoot, but not too low.

Cockburn fired into the window when the door was opened, and a man came

out. The captain cried "Lie down, or you die." "I'm Tucker," said the

man, "don't shoot," and threw himself on his face. The captain went

to the door and looked in, when Private Cockburn cried, "Take care,

captain, the fellow is going to fire. They are all armed." This raised

a cheer among the soldiers, who now knew that their men were there.

Regan it appears had tried to bring his musket to bear on the captain,

but could not do so without exposing himself. The captain gave the

word to fire, and a volley was poured into the hut. Then the captain

asked Regan to surrender, promising not to hurt him. Regan endeavoured

to induce the captain to promise not to prosecute them, but he refused,

saying it was more than he could do. Finally, they consented to

surrender, and Atterill crawled out naked. He was tied. Regan was then

called, and he refused to come out on his hands and knees, saying that

he would sooner be shot than be treated like a dog. The captain told

him he might walk out if he came without arms and held his hands up.

He did so, and the police then went in and brought out the other two.

The prisoners were handcuffed and placed in a cart. About £14, found

in their clothes, and their guns and pistols, were carried in another

cart. Tucker was employed by Mr. Romney and was considered the best

guide in the district. The robbers had taken possession of his hut and

intended to make him show them the way across the mountains on the

following day. The party reached Richmond on Saturday night, and early

next day the bushrangers were lodged in the gaol at Hobart Town. The

prisoners were tried and convicted of several acts of bushranging,

ranging from highway robbery to burglary. They were all sentenced to

death, but only Regan was hung.[34] _The Cornwall Chronicle_ said "His

inquisitors were conscious that, had he been permitted to give his

dying attestation to the treatment he had received from his master, it

would have been so appalling and horrible as to leave the guilt of his

crimes, in the estimation of an impartial public, not on his own head,

but on theirs." "The Government," said the paper, "is afraid to hear

the dying statements of the condemned."

On September 8th, 1840, two armed men entered the Post Office at Ross,

and bailed up the post-mistress, who was also a store-keeper. They took

from her about £16 in cash and a quantity of wearing apparel. A large

sum of money which was enclosed in a letter ready for despatch was

missed by the robbers. The police were informed and at once followed

on the track of the bushrangers, but failed to arrest them. On the

following evening the bushrangers went to a hut on the station of Mr.

Joseph Penny, of Ashby Cottage, and tied the shepherd, telling him that

if he was quiet and did as he was ordered they would not hurt him;

but that if he refused to obey they would shoot him. They went to the

gardener's lodge and compelled the gardener to give them some food.

While they were engaged in eating a man who had previously agreed to go

out opossum hunting with the shepherd called at the hut and shouted. He

received no answer, the shepherd believing that the bushrangers were

"trying" him. The friend knocked again and shouted, but receiving no

reply went in. He was surprised to see the shepherd lying down tied and

quickly untied him. The two men then went to the house and informed

Mr. Penny of what was going on. Quickly arming himself and the two men

Mr. Penny went to the gardener's lodge and surprised the bushrangers

before they could get their pistols and guns ready. They were tied and

conducted into the town, and were subsequently convicted and sent to

penal servitude.

James Leverett, while driving a cart belonging to Mr. James Cox,

of Clarendon, was attacked by a bushranger and brutally beaten.

The bushranger struck him on the head from behind and stunned him.

He stopped the horse and battered Leverett about the head. Then he

searched his pockets and decamped. The constable stationed at Morven

happened to pass along the road, and seeing the horse and cart standing

went over to ascertain what was the matter. Finding Leverett lying

in the cart insensible the constable took him to the police station

and sent for a doctor. He then followed the tracks of the bushranger,

but failed to find him. Another man, a servant of Mr. Stephenson, of

Curramore, was beaten and robbed in a similar manner. It was said that

these assaults were committed by ticket-of-leave men, who were thrown

out of employment by the arrival of a large number of free immigrants.

On the 15th April, 1841, James Broomfield and Jonas Hopkins bailed up

and robbed Henry Atkins, Bonney, taking seven five pound notes from

him. In company with James McCallum the same two bushrangers went to

the house of Thomas Bates, at Norfolk Plains, about midnight, and woke

him up, demanding something to drink. Bates told them that there was

plenty of water in the cask. This, however, did not satisfy them, and

they broke into the kitchen. They took some flour and grain from the

cask and made a damper. While this was baking they took a watch, some

money, and a quantity of clothes out of the bedroom. When they had had

a meal, they left with their plunder, but were followed and captured.

They were convicted of robbery with firearms and were sentenced to

death; their sentences were, however, commuted to imprisonment for life.

John Gunn, George Griffiths, William Lambeth, Samuel Harrison, and

Thomas Hurn stuck up and robbed Daniel Downie on the 5th September,

1842, of clothing and money. They were followed by Constables Patrick

Flynn and George Marsden, and a volunteer named Joseph Masson. The

bushrangers were armed with a fowling-piece and a musket. They went

next morning to the hut of James Thompson, and told him not to be

frightened as they did not intend to hurt him. They took his money

and were walking away, when the constables came up and called on them

to stand. They surrendered and were taken to gaol. When they were

convicted, sentence of death was recorded against each of them, but

they were not hung.

On May 4th, 1843, Mr. Thomas Massey, of Ellerslie, South Esk River,

was sitting on his verandah when John Conway came up, presented a gun

at his head, and cried "Stand." "No, thank you," replied Mr. Massey,

"I'm very comfortable sitting down. What do you want?" Conway then

asked where the man was. Mr. Massey replied, "Out in the kitchen." A

man named Riley Jeffs was standing a short distance away with Henry

Blunt and a man named Pockett, both of whom had their hands tied behind

them. Jeffs left the two tied men and went round to the kitchen, while

Conway demanded money and firearms. Jeffs returned with the manservant

and tied his hands. The robbers then took two double-barrelled guns, a

single-barrelled fowling-piece, with a shot belt and powder flask, some

tea, sugar, flour, and a gallon of rum. After they had gone Constable

Thomas Connell, of Campbelltown, with Joseph Masson, Matthew Perry,

Edward Quin, Aaron Dunn, and Stephen Wright followed the bushrangers

to Blunt's hut, when two men ran away. One of them was lame and was

soon caught. It was Jeffs, who said he had accidentally wounded himself

the day before, after he left Mr. Massey's. The other man, Conway, was

captured after a brisk run. At their trial, Mary Bryan, servant at Mr.

Massey's, said she recognised Conway by his big nose. "How many inches?

Did you measure it?" asked Jeffs, but the question was ruled out of

order by Judge Montagu. The prisoners were then tried for the murder

of Constable William Ward. They went to Mr. James Gilligan's house,

Clifton Lodge, Break-o'-day Road, and asked Sarah Vasco, the servant,

whether any one was at home. She replied, "Only master and mistress

and a gentleman." They had four men with their hands tied behind them.

Jeffs stopped with these at the kitchen door, while Conway walked into

the passage. When he reached the parlour door he presented his gun

and cried, "Stand, or I'll blow the contents of this through you."

Ward, who was sitting near the door, jumped up and grappled with the

bushranger. They struggled together into the passage. Mrs. Gilligan

pushed her husband to prevent him from going out, and slammed the

parlour door. Mr. Gilligan heard the struggle along the passage, and

then a gun went off. He got the door open at last and went out. He saw

Ward lying on the floor of the kitchen. Jeffs and Conway and the four

men whose hands were tied were looking at him. Conway said to Gilligan,

"You go back into your room, old man, or I'll mark you." In the fight

in the passage both of the men had endeavoured to obtain possession

of the gun, but between them they let it fall and it exploded without

injuring any one. Conway then broke away and ran into the kitchen.

Ward followed him and was grappled by Jeffs. While they were wrestling

Conway drew a pistol and watched for a chance, and when Ward was on top

holding Jeffs down Conway deliberately put the pistol to his shoulder

and fired. Ward rolled over dead, and Jeffs got up. The robbers then

demanded money, and Mrs. Gilligan went to the bedroom upstairs to fetch

some. Conway accompanied her. Mrs. Gilligan said, "It's a great pity,

Mr. Ward had a large family." "Well," replied Conway, "why didn't he

keep out of our road? We tried to shoot him before." The prisoners were

convicted of wilful murder. In his summing up the Judge said that the

four men who were present appeared to be accomplices, although they

were tied. They had prevaricated so much in their evidence that it

was worthless or worse. He would consider whether it was advisable to

prosecute them for perjury. Conway was very violent while in gaol. He

threw a loaf of bread at the gaoler, and threatened that if he got out

he'd "do for him." Jeffs and Conway were hung at Launceston in July.

The census of the town had been taken a short time before, and showed

that the population was 4458 souls. _The Launceston Advertiser_ said

that there were more than a thousand men, women, and boys present to

see Jeffs and Conway hung. Numbers of people took their blankets with

them and slept in the square all night. They were singing songs and

making a great noise. The paper says the scene was a disgraceful one,

and doubts whether such exhibitions can have any beneficial effect.

John Price and Thomas Roberts were tried for highway robbery. Judge

Montagu said that if the robbery had been committed at night, or if any

undue violence had been used, he would have cast them for death without

hope of mercy. It appeared, however, that they had been followed and

captured at once, and therefore, although the death sentence would be

recorded against them, they would be sent to a penal settlement, and he

hoped they would reform.

John Fletcher and Henry Lee stuck up and robbed Daniel Griffin at

Cocked Hat Hill, on November 6th, 1844. In passing sentence of death,

Judge Montagu said that he was determined to put down robbery on the

high road between Hobart Town and Launceston, and especially about

Cocked Hat Hill. It was a horrid place. No man was safe there. The

residents were fortunate in having so active and energetic an officer

stationed there as Constable Harvey. He would sentence the prisoners to

transportation for life. When they were being removed from court, Lee

said, as he was passing Constable Harvey: "I'll rip your---- guts out,

you----, if ever I get out."

On the 10th July, 1841, Hogan and Armytage visited the Travellers'

Rest Inn, within four miles of Launceston. There were eight men in

the bar and they took all the money they could get, some grog, and

provisions. Hogan said he was tired of the bush, and wished "it was

all over." Armytage looked ill and miserable. The police followed them

as soon as news of the robbery was conveyed to Launceston, but without

success, as the bushrangers were too well acquainted with the country

round there.

On January 8, 1841, a bushranger went to a shepherd's hut on Mr.

Frank's station, Lake Crescent, and tied the shepherd, telling him

that he would shoot him if he got loose. The robber only got a few

shillings. The robber went away, but soon returned, and seeing the

shepherd still tied, cautioned him again and went away. The man

remained tied for several hours before he attempted to untie the rope.

It was said that this was the man who had robbed Mr. McCrae's station,

and murdered a shepherd on Mr. Brodribb's station.

On the following day, Hogan the bushranger walked into a public-house

kept by Mrs. Bonny at Deloraine, and asked for two case bottles of rum.

On these being given to him, he took a ham and a pudding and walked

away, saying that he wanted them for his mate, who was ill. Although

there were five or six men in the bar at the time, no attempt was made

to detain him. Nothing further is known about Armytage, who is supposed

to have died in the bush; but Hogan was captured and sentenced to penal

servitude on Norfolk Island.

On April 2, 1842, it was reported that Martin Cash, the notorious

bushranger who had for so long a time defied the police, had been

captured in a house in Harrington Street, Hobart Town, by Constables

Kirby and Williams. He was lodged in the lock-up, but during the night

succeeded in making his escape.

On March 25, 1843, the bushrangers Martin Cash, Lawrence Kavanagh, and

Thomas Jones, armed to the teeth, bailed up Mr. Panton at Broad Marsh,

and fired at Dr. Macdonald. The police started in pursuit. On April

18th, the gang visited Mr. Hay, who was in his barn overlooking five

shearers who were at work. They were ordered to stand up and put down

their shears. Then the men were forced to tie each other. While the

bushrangers were plundering the house, Mr. Ward came up. He was ordered

to stand, but instead of obeying he ran away. Cash followed and fired

his pistol, the shot grazing Ward's ear. Ward, however, kept on and got

behind a tree, and the bushrangers decamped, taking very little plunder

with them. On the 19th they captured Mr. John Clarke and his overseer,

Mr. Denholme, and compelled them to accompany the bushrangers to the

late Mr. Allardyce's house on the Clyde River. They went into the

parlour, and after arranging the chairs, invited the gentlemen to sit

down. Then they called for brandy and glasses. The servant brought in a

bottle of brandy and a tin pannikin. Cash was in a great rage. He swore

at the servant, and asked him in an indignant tone, "Is that a proper

thing for gentlemen to drink out of? Take it away and bring glasses."

When they had had some refreshments, Cash sat talking to Messrs. Clarke

and Denholme, while Kavanagh and Jones collected the plunder. The

bushrangers were said to be very haggard in appearance and not well

dressed.

On May the 18th they invited themselves to visit Captain McKay, on

the Dee River, and dined with him in the most amicable manner. After

dinner they loaded two horses with clothing, provisions, and other

articles from the store. Then, taking Captain McKay with them, they

went to Mr. Gellibrand's, where they loaded a third horse. With this

the bushrangers appear to have been satisfied, as they went away.

"Messrs. Cash & Co.," as some of the Van Diemen's Land papers called

the gang, visited Mr. Christopher Gatenby, of the Isis, on July 1st,

and politely apologised for their intrusion. They as politely asked for

a supply of provisions, which they said were necessary owing to the

police having recently captured their camp and taken away all that they

could find there. Mr. Gatenby opened the store and gave them what they

required, and then Cash said he should feel extremely obliged if Mr.

Gatenby and four of his servants would carry the provisions to their

new camp. He politely explained that this was necessary, as the police

had taken their horses. The invitation was so pressing that Mr. Gatenby

could not refuse. He therefore took up a portion of the swag, while

his servants shouldered the rest, and escorted by the three bushrangers

they started into the bush. After walking for about two miles Cash said

he would not trouble Mr. Gatenby to go any further, as he thought that

they could manage without him. The load he was carrying was distributed

among the bushrangers, and Mr. Gatenby returned home, after having been

profusely thanked for his generosity in giving them the provisions and

his kindness in carrying them so far. The servants were taken two or

three miles further into the bush, and were then allowed to deposit

their loads under a gum tree and return home. Cash denied that the gang

had had an encounter with the Campbelltown constables. He said that the

constables found their hiding place when he and his mates were absent.

On August 22nd two men dressed as sailors were seen by the constables

in Hobart Town enquiring for the residence of a well-known suspicious

character. One of the constables stepped forward, and gave them the

address they required. Then one of the sailors walked away, while the

other remained standing near the constables as if in bravado. The

constables held a consultation, and decided to arrest the sailor as a

suspicious character. Two of them went towards him, when the sailor

drew a pistol, fired, and then ran. The shot took no effect, and the

constables gave chase. Charles Cunliffe, a carpenter, was standing at

the door of his house as the sailor passed, and hearing the constables

chasing him and crying "Stop, thief!" he joined in the chase. As

they went down Brisbane Street Constable Winstanley came out of the

Commodore Inn on hearing the hullabaloo, and attempted to seize the

sailor, but the sailor drew a pistol from his belt and fired. The

ball passed through Constable Winstanley's chest, but nevertheless he

grappled with the sailor and held him until Cunliffe came up, when

Winstanley fell. Cunliffe and the sailor had a terrific struggle for

a few minutes, Cunliffe being much bruised, but he held on until the

other constables arrived and secured their man. The sailor was taken

to the Penitentiary, where he was identified as Martin Cash. It was

believed that the other sailor was Lawrence Kavanagh, but although

search was made for him, he could not be found. Constable Winstanley

died from the effects of his wound two days later.

Martin Cash was tried for the murder of Peter Winstanley on September

15th, and was found guilty. He said he had been standing quietly in

the street when a constable came up and cried out, "It's Cash, blow

his brains out." He had then fired and run. The constables were all

cowards. They thronged round him when he was down, but they would

never have caught him if it had not been for Cunliffe. Judge Montagu

said in reply that he could see no proof of cowardice in the action of

the police. They were not such fast runners as the prisoner. Charles

Cunliffe was the more active, and consequently he had caught the

prisoner first. For this he deserved credit, but the police had arrived

at the spot without delay and were also to be complimented for their

share in the capture of so dangerous a character as the prisoner. He

then sentenced the prisoner to be hung on Monday, the 18th instant.

Cash, however, was not hung, but was sent to Norfolk Island for life.

Rewards of one hundred acres of land or one hundred sovereigns, in

addition to the rewards previously offered of fifty sovereigns, with

a free pardon for convicts and a free passage to any post in Her

Majesty's dominions, were offered for the capture of Kavanagh and

Jones, dead or alive.

Thomas Jones, in company with John Liddell and James Dalton, stuck up

Catherine Smith's house on December 6th, at Effingham Banks. They tied

the servants and went into Mrs. Smith's bedroom. The lady requested

them to go out while she dressed, and they complied. When Mrs. Smith

got up the bushrangers ordered the servants to get them some supper,

telling them that they need not be afraid, as nobody would hurt them.

They made the servants sit down while they ate. After their meal they

opened the drawers and took out clothes and other articles which suited

them, and went away. On December 11th they stuck up a hawker named John

McCall. They drove his cart half a mile into the bush off the road, and

tied McCall to a tree. Then they made a bundle of the articles they

wanted in the cart, and went away. On December 30th Thomas Jones,

"late with Messrs. Cash & Co.," with another man named Moore, dressed

as sporting gentlemen, went to Mr. William Field's, and enquired if

he was in? They were answered in the negative, and they then went to

the men's hut and bailed up the two men there. As the others came

in they were compelled to stand in a row against the wall. When Mr.

Shanklin, the overseer, came in, Moore told him to kneel down and say

his prayers, as he intended to shoot him. The men interceded for the

overseer, saying that he always had treated them well. Moore asserted

that Shanklin had "got him an extension of time," and he meant to have

revenge. He was very violent in his language. Jones had been looking on

very quietly, but he now said, "Oh, let the---- go, and let him beware

how he behaves in future." Moore at first objected, but gave way, and

Shanklin was made to stand up with the assigned servants. The robbers

broke open Mr. Field's escritoire, and took £50 out of it. They also

took tea, sugar, flour, and other things from the store.

In the meantime the police had not been idle. They had had several

brushes with the bushrangers, and had captured Kavanagh, Liddell,

and Dalton. After this last robbery Jones and Moore were followed,

and Jones was captured. They were all convicted and sentenced to

death, but were told that probably their sentences would be commuted

to penal servitude. On hearing this Liddell exclaimed, "I don't want

mercy from you or any one else. I've been eleven years at Port Arthur

and I don't want to go there again. I'd rather die than live." Judge

Montagu said that this statement showed a deplorable frame of mind and

exhorted Liddell to think of the future. Dalton complained that he had

been knocked down by Thompson, the gaoler. Mr. Thompson said that the

prisoner was a very desperate man. "But you'd no right to put irons on

my neck," cried Dalton. The Judge said it was the duty of the gaoler

to prevent escape. If he deemed it necessary he had a perfect right to

put irons on the neck of a prisoner as well as on his hands and feet.

He should report the behaviour of the prisoners in the proper quarter

and he could not recommend either Liddell or Dalton to mercy. "I don't

care a---- what you do," exclaimed Dalton. George Cumsden, who had also

been associated with Jones in some of his robberies since the capture

of Cash and Kavanagh, was also sentenced to death, "without the hope

of mercy." He had threatened to "blow a hole through" any witness who

appeared against him.

There was again a lull in bushranging in Van Diemen's Land, and again

the papers asserted that the crime had been stamped out. The majority

of those convicted had been sent to Norfolk Island, and this, it was

said, would act as a deterrent to other evil doers. Norfolk Island was

feared more than death.

FOOTNOTES:

[Footnote 34: _The Colonial Times._]

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