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.