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.

Of all the bushrangers of the "roaring fifties" none was more talked

of than Frank McCallum, alias Captain Melville. Every now and then,

during the latter half of the year 1852, stories were told of daring

robberies committed by Captain Melville, and rewards were offered for

the capture of the captain, dead or alive, or any person who aided and

abetted him. On December 18th, 1852, he rode up to a sheep station near

Wardy Yallock and asked Mr. Wilson, the overseer, who was the owner?

"Mr. Aitcheson," was the reply. "Is he at home?" asked Melville; and

on being answered in the affirmative he expressed a wish to see him.

Mr. Wilson having no suspicion as to who the civilly spoken visitor

was went into the house and returned with Mr. Aitcheson. Melville drew

out a pistol, pointed it towards them, and ordered them to "put up"

their hands. The two gentlemen complied at once and were marched to

the woolshed. Here they found the sixteen shearers and other workmen

sitting in a row down the middle of the shearing floor and William

Roberts, Melville's mate, standing sentry over them pistol in hand.

Aitcheson and Wilson were conducted to the head of the row and ordered

to seat themselves, which they did. Melville then searched about until

he found a rope. This he cut into lengths and then mounted guard while

Roberts called the prisoners out one by one and tied them to the

fence. Mr. Aitcheson asked Melville what he wanted? and the bushranger

replied, "Gold and horses, and we're going to get them." When all the

men were securely tied the bushrangers cautioned them not to attempt

to get loose until permission was given, and then walked to the house.

Melville told Mrs. Aitcheson not to be afraid, as he never interfered

with ladies any more than was necessary. He told all the women and

girls to go into one room. One of the women was told to get some food

ready, and part of this was taken, with two bottles of brandy, to the

men at the shed. Melville and Roberts both ate heartily. They searched

the house thoroughly, and took all the money and jewellery they could

find. They picked out two fine horses with saddles and bridles, and

when mounted they stopped at the woolshed to bid good-bye to Mr.

Aitcheson and their "other friends," and to inform them that Mrs.

Aitcheson would come and untie them as soon as he and his mate were out

of sight along the road.

The boldness with which this robbery was conceived and carried out

caused quite an excitement throughout the colony. The idea of eighteen

men permitting two to tie and rob them without a struggle caused

as much amusement perhaps as wonder. People talked of little else

for days, and everywhere the question was asked, "What next?" This,

however, was not all. After leaving the station the bushrangers only

travelled a few miles and camped in the bush. The following morning

they stuck up two diggers, Thomas Wearne and William Madden, on the

Ballarat Road, and robbed them of £33. After taking the money, Melville

asked them where they were going. "To Geelong to see our friends, and

spend Christmas. But now we shall have to go back to the diggings," was

the reply. Melville drew Roberts apart, and after a brief conversation

he came back, handed the diggers a £10 note, and hoped that would be

sufficient to enable them to enjoy their holidays. During the next few

days the bushrangers stuck up and robbed a large number of travellers

on the Ballarat Road, travelling themselves towards Geelong at the

time. On the morning of the 24th, they stuck up and robbed a man near

Fyan's Ford, about five miles from the town, and then rode straight

into Geelong. They put up at an hotel in Corio Street, where they

had dinner and saw that their horses were fed. Then they went to a

house of ill-fame, a little off the street, and not far from the

Corio Street lock-up. One of the women was sent to a public-house in

Moorabool Street for some bottles of brandy, and the spree began. The

liquor opened Melville's mouth, and he informed one of the women who

he was, and boasted of his exploits. This woman told the others, and

as there was a hundred pounds reward offered for "such information as

would lead to his apprehension," the chance of making money was too

good to be missed. One of the women put her arms round his neck and

talked to him, while another slipped out by the back door and went to

the police station to inform the police as to the character of their

visitors. Somehow Melville became suspicious. He suddenly pushed the

woman away, and called to Roberts to go and fetch the horses, swearing

that he would leave the town at once. Roberts, however, was too drunk

to heed him. He was asleep with his head resting on the table. Melville

jumped up and shook him, but finding that he could not rouse him,

resolved to go alone. He opened the front door and saw a woman with

two policemen just entering the gate. Slamming the door to hurriedly,

he rushed across the room, and seizing a chair, dashed it through the

back window. Then, jumping clear through the opening thus made, he

raced down the yard to the back fence and climbed over in time to meet

another constable, who was hurrying up towards the back of the house.

Without a moment's hesitation Melville knocked the policeman down, and

ran across a piece of vacant land. His first intention had, of course,

been to go for his horse, but on reaching Corio Street after this

enforced détour, he knew he would have to pass the lock-up to reach the

stable where his horse was. This was too dangerous, and he took the

opposite direction.

On its western side Geelong proper--that is, the older part of the

town--is separated from its western portion by a deep gulley, which in

early times was closed up by a dam. The water thus penned back spread

over a flat, and served to supply the first settlers with water. In

1852 the dam was still there, and formed the roadway which connected

Geelong with Ashby, Kildare, and other suburbs. It was across this

dam that all the traffic on that side of the town passed. At short

distances away the Melbourne and Ballarat roads branched off, the one

along the banks of the bay, and the other towards the Bellpost Hill.

A few years later the dam was cut away, and a handsome iron bridge

erected across the deep gulley, while the space formerly covered with

water was converted into a park or garden.

The dam was in a line with Malop Street, and Melville raced away across

the vacant lots to that street, followed by several policemen. It was

near sundown, and as Melville came to the dam Mr. Guy was returning

from his afternoon ride. Mr. Guy was a young gentleman who had not

been long in the colony. He was lodging at the Black Bull Inn, Malop

Street, where the most extensive stables in the district were. The

Black Bull was a great sporting house and there were always some race

horses there, either in training or waiting for engagements; and, as

Mr. Guy was an excellent horseman, he frequently took one or other of

these horses out for an airing. On this occasion he had been for a

gallop across the plains to Cowey's Creek, and was walking his horse

quietly back to allow him to get cool. When crossing the dam a man

suddenly rushed up and seized him by the leg. He was lifted out of the

saddle, and half fell, half jumped to the ground. He landed on his feet

and rushed round the horse in time to collar the man who was trying to

mount. The horse was a spirited animal and objected strongly to this

summary change of riders, otherwise, perhaps, the bushranger would

have got away. He reared and plunged and prevented the bushranger from

mounting. Guy seized the bushranger, and received a heavy blow for his

trouble, but he held on gamely, and in the struggle the horse broke

away and galloped off to his stable. A moment later the police came

up, and Melville was captured. Mr. Guy was highly complimented for his

plucky fight with so redoubtable an opponent, but he usually replied

that he wasn't going "to lose a horse in that manner if he could help

it." Of course, he was intensely surprised when he was informed that

he had captured the notorious bushranger, Captain Melville. Melville

and Roberts were lodged in the "old gaol" in "South Geelong," and I

remember going to see "the bushrangers" conveyed across the flat and

up the hill to the court-house to stand their trial. They were seated

in a dray, heavily ironed--there was no "black Maria" in Geelong in

those days--and drawn by two horses. There were several armed policemen

on the dray, and others marched before and behind. The court-house, of

course, was crowded, and, as boys were not admitted, I was not present.

It may perhaps be of interest to notice that at that time there were

stocks outside the Geelong Court-house. They were converted into

firewood about two years later when the foundations for the new and

larger court-house were laid. I believe these were the last stocks seen

in Victoria, the Melbourne ones having been destroyed some time before,

when the court-house there was enlarged.

Melville was convicted on three charges of highway robbery, and was

sentenced to twelve years' penal servitude on one and to ten years

each on two other charges, making in all thirty-two years. A number of

other charges were withdrawn. Similar sentences were passed on Roberts,

but they were made concurrent. Melville was taken by boat from Geelong

to the hulk _President_ in Hobson's Bay, "until the devilish spirit

he had for so long a time exhibited appeared to be broken," to quote

the _Melbourne Herald_. Rather more than a year later he was removed

to the hulk _Success_ "for milder treatment," and was permitted to go

ashore to work in the Government stone quarry at Point Gellibrand.

At that time Melville was engaged in translating the Bible into the

language of the Australian aborigines, "in which he could converse

fluently." For more than two years the public heard nothing of Captain

Melville. On October 22nd, 1856, a launch with fifty or sixty convicts

on board was being towed from the hulks _Success_ and _Lysander_ to

the landing-place near the quarry, when Mr. Jackson, the officer in

charge, observed that the prisoners were crowding towards the bow of

the launch. He shouted to them to go back and trim the launch. Some

obeyed, but those nearest the bow seized the tow-rope and rapidly

pulled the launch up to the stem of the boat which was towing it. Then

the prisoners began jumping into the boat. Mr. Jackson was hurled into

the water. Corporal Owen Owens' head was smashed, and he and John

Turner, one of the rowers, were thrown overboard. The other rowers

jumped, some on to the wharf, the others into the water. The convicts

seized the oars and pulled rapidly down the bay, Captain Melville

standing up in the boat, waving the hammer with which it was said Owens

had been killed, and shouting "Adieu to Victoria!" The desperadoes,

however, were not to be allowed to escape so easily as they imagined.

The guard on the hulk _Lysander_ fired at them as they passed, and the

water-police from Williamstown soon followed and overtook them. Being

threatened with muskets at close range, and having no arms themselves,

they surrendered and were towed back quietly to the _Success_. Nine

of the conspirators were tried for mutiny, Melville at his own

request being placed first at the bar alone. In the charge sheet he

was described as Thomas Smith, alias Frank McCallum, alias Captain

Melville, and was said to have been transported to Van Diemen's Land in

1838. This contradicts the many rumours which gained currency about him

during his bushranging career. That most generally received was that

he had come to the colony in charge of an emigrant ship from England,

and that he and his crew had deserted her and gone to the diggings,

where, being unlucky, he had taken to bushranging. This report was

frequently denied, but still it was extensively believed, especially in

the Geelong district. After hearing the evidence, the jury were unable

to agree on a verdict of murder in the first degree, as there was a

doubt as to who struck the blow which killed Corporal Owens. The Judge

ruled, however, that if, in an attempt to escape from lawful custody,

any person is killed, all of those attempting to escape are guilty of

murder. In consequence of this ruling Melville was found guilty and was

sentenced to death. The other prisoners were acquitted. The sentence

was afterwards commuted to imprisonment for life, and when Melville was

informed of the "mercy" which had been extended to him, he remarked

quietly, "Well, you'll be sorry for it."

On March 26, 1857, Mr. John Price, Inspector General of Convicts in

the Colony of Victoria, attended at the quarry near Williamstown to

hear any petitions or complaints which the convicts might have to

present. Convict James Kelly was the first called and he asked for a

ticket-of-leave. Mr. Price replied that he was unable to accede to

this request. As he walked away Kelly was heard by Captain Blatchford

to mutter "Bloody tyrant, your race is nearly run." He appeared to

be in a furious passion, but very little notice was taken of him at

the time. Several of the prisoners pressed forward and began to crowd

round Mr. Price, loudly complaining that they had not received the due

amount of rations. Some exclaimed that they were being cheated. Mr.

Price stepped back and said in a loud voice, so as to be heard above

the din, that these complaints must be given in proper form, when full

enquiries should be made. If the charges were true the abuses should

be rectified, but if they were false or unfounded, those making them

would be punished. Suddenly a rush was made. Kelly threw a heavy stone,

shouting at the time, "Down with the bloody tyrant." The stone struck

Mr. Price and he reeled. The convicts pressed forward shouting "Give

it him, give it him," and a volley of stones was sent flying through

the air. Captain Blatchford was struck several times and rushed off to

summon the guard, which was stationed on the other side of the quarry

tramway, behind a large heap of stones. A convict named Bryant was

said to have struck Price with a heavy navvy's shovel. He then shouted

"Come on. He's cooked. He wants no more." When Captain Blatchford

returned with the guard the convicts had placed Price's body on a hand

barrow, which they held up in their hands. The remainder stood round

as if waiting for orders. The face of the murdered man was calm, even

pleasant to look at, but the back of his head was terribly battered,

and the heap of stones was covered with his blood and brains. The

guards surrounded the convicts, who offered no resistance, and they

were marched away to the wharf and taken on board the _Success_. Soon

afterwards shouts of "The bloody tyrant's done for, hooray," and much

cheering were heard on board of this vessel and on the _Lysander_.

Fearing that a general mutiny of convicts might take place, the

harbour defence vessel _Victoria_, with her guns shotted and the crew

at their quarters, was laid alongside the _Success_ ready to sink her

if necessary. The convicts, however, were very quiet and allowed

themselves to be conducted to their cells without opposition. Fifteen

convicts were placed on trial for this murder, but each one exercised

his full right of challenge, so that the panel was exhausted without

a jury being secured. On the next day the Crown Prosecutor withdrew

three prisoners and the jurors to whom they had objected were recalled.

This manoeuvre was repeated until at length a jury was obtained to try

three prisoners, Thomas Malony, Thomas Williams, and Henry Smith. They

were found guilty and sentenced to death. On the day following Richard

Jones, William Jones, John Williams, and James Kelly were placed at

the bar, and after a lengthy consultation the jury returned a verdict

of "Not guilty." This verdict was condemned in the strongest terms by

the judge, the press, and the general public. The acquittal of Kelly,

who was said to have led the assault and struck the first blow, caused

general indignation. The remainder of the prisoners were charged in

two batches, and they were all found guilty and sentenced to death.

Their names were Francis Brannagan, Richard Bryant, William Brown, John

Young, alias Lowe, James Anderson, Henry Smith, alias Brennan, Daniel

Donovan, and John Chesley. The majority of them had been condemned to

penal servitude for bushranging and robbery, and the last on the list

was Chesley, who was executed on April 30th, 1857.

Melville had been removed from the hulks to the Melbourne gaol a

short time before because it was believed that he had been planning

a general mutiny, and now it was said that the murder of Mr. Price

had been included in his scheme. During the first two or three months

of his residence at "Wintle's Hotel," as the Melbourne gaol was

facetiously called, Melville behaved very quietly, and was treated

as an ordinary prisoner. On July 28th, 1857, he made a savage attack

on Mr. Wintle, the Governor of the gaol, and was afterwards confined

to his cell. Later it was reported that for weeks he would behave in

the most exemplary manner, but would suddenly and unexpectedly break

out into a paroxysm of fury, during which he would destroy everything

destructible. At these times the warders and officers were ordered

to keep away from his cell, and leave him to himself. He was placed

under medical surveillance, with a view to ascertain whether he was

sane or not, great care being taken, it was said, not to excite him.

On August 10th he was locked up as usual, and appeared to be in his

normal condition as regards health and spirits, but, on his cell

being opened next morning, he was found lying dead on the ground. A

blue handkerchief with red spots, which he had brought with him from

the hulks, was tied round his neck with a slip knot and twisted up

tightly. Dr. McCrae was called in immediately, and said that death was

due to strangulation. Life had been extinct some three or four hours.

He was of the opinion that the prisoner had tied the knot himself. A

verdict of _felo de se_ was returned by the coroner's jury which heard

the case. A variety of opinions were expressed as to this verdict. So

far as is known, there is no evidence to prove that Melville came to

his death in any other way than that stated at the inquest, but there

were numbers of people who asserted their belief that the bushranger

was strangled by the gaolers. As a rule these people did not blame

the gaolers for this act. The opinion generally expressed was that

Melville was little better than a wild beast, and was better dead than

alive. They also asserted that it would have been more satisfactory

if the bushranger had been hung openly instead of being murdered

secretly, and they blamed the Governor and the Judge for having been

so "soft-hearted" as to commute his sentence when he was condemned to

the gallows. There appears, however, to be no evidence in support of

this view. The records of the inquest are brief, but they seem clearly

enough to prove that the most noted bushranger of the gold-digging

era took his own life in one of the paroxysms to which he was liable.

Whether these paroxysms were due to his harsh treatment on the hulks

is another matter, but we are not in the "Fifties" now. The hulks have

been destroyed or sold, and the prisoners are treated as humanely now

in Australia as they are in any other civilised country. The treatment

of the bushrangers all through the later developments of that crime

tend to prove that the Australians considered bushranging as a sort of

exotic introduced into the country with the convicts sent from England,

and only to be wiped out by the suppression of the convict element

in the population. We see the influence of this view in New South

Wales, Van Diemen's Land, and elsewhere, as well as in Victoria. In

this colony the appointment of Mr. John Price as Inspector General of

convicts was an expression of the popular belief. Mr. Price had had a

long experience among convicts, and the very fact that his treatment

of them was harsh was a recommendation in his favour. He had been

superintendent of the convict station of Port Arthur, where he was

known to the convicts placed under his charge as "Bloody Tyrant Price."

When that establishment, of the character of which the late Marcus

Clarke gives us an idea, but an idea only, in his story, "For the Term

of his Natural Life," was broken up, in consequence of the cessation of

transportations to Van Diemen's Land, in 1853, Mr. Price was specially

chosen for the position he held in Victoria because of his knowledge,

not merely of convict character, but of the personal appearance of a

large number of the criminals who were disturbing the peace of the

colony, because the majority of them had already been under his charge

in Van Diemen's Land. The Victorians desired above all things to keep

the convicts out of their colony, and as a means to this end they

endeavoured to make their prisons a "holy terror" to this class of

immigrant. When that object had been achieved, or the convict element

in the population had died out by the effluxion of time, they modified

their prison discipline in accordance with the growth of humanitarian

ideas. Whether they have done all that is possible in this direction

may be doubted, but this is not the place to discuss this question.

The evidence so far as it has been collected and considered tends to

show that the chief remedy for crime is education. It is impossible to

believe that even the worst of the bushrangers would have grown up to

be such scourges to society had they been properly cared for during

the impressionable period of their lives, and many of them amid all

their savagery show traces of qualities which might, under happier

circumstances, have fitted them for useful positions in the world. It

may be added here that Mr. John Price is popularly supposed to have

been the prototype of "Maurice Freere" in Marcus Clarke's novel, which

should be read by every student of Australian history.

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