SECTION XII.

One of the earliest (1824) and chief difficulties of Governor Arthur's

administration sprang from an out-break of prisoners at Macquarie

Harbour, who divided in their progress, and collected several formidable

bands. The efforts to escape from that dreary region had been numerous,

but unsuccessful: the unhappy beings who wandered into the woods, found

no sustenance, and died either from exhaustion or by the hands of each

other; or when they endeavoured to ford the Gordon, and attain by a more

direct course the settled districts, they were either drowned or taken.

During the first five years, when not more than two hundred were

confined there, one hundred ventured on this dangerous enterprise,

notwithstanding their ignorance of the route, and the almost certain

starvation which awaited them. Prisoners arriving from Hobart Town gave

them erroneous tidings respecting the absconders, and delusive hopes of

success, and thus the foolish and desperate were prompted to hazard the

perils of flight.

The first (1822) adventurers were John Green and Joseph Sanders; never

heard of more: six others followed a few days after, and encountered a

similar fate. They were pursued by two soldiers and three prisoners, who

took with them a fortnight's provision and hunting dogs. The rain

continued for seven weeks after their departure, and it was presumed

they perished from exhaustion.[167] Another party formed a catamaran,

but it parted when they had proceeded a short distance; and they were

rescued from its fragments by the soldiers. Eight others left in the

following September, and all lost their lives, except Pearce, whose

narrative will be noticed hereafter.

At Macquarie Harbour, the first commandant was Lieutenant Cuthbertson, a

soldier who had been in eighteen general engagements; yet was glad of an

appointment, to supplement the deficiency of his pay. His discipline was

severe, but of brief duration. A small vessel, built at the harbour, was

in danger, and Cuthbertson ordered out his own boat to its relief; this

he effected: on returning, his boat was upset, and all, except two, were

drowned. Cuthbertson was thrice raised by one of the crew; but finding

his strength unequal to retain his hold, he said, "man, save yourself;

never mind me--it is no use." On the death of the commandant, the chief

authority devolved on a non-commissioned officer. The prisoners were

disposed to question his right to obedience: his government was

vigorous, and he flogged with redoubled frequency.[168]

In June, 1824, two parties absconded from Macquarie Harbour: one,

consisting of three persons only, who seized the soldiers' boat,

provisions, and arms. They proceeded about twelve miles, when they

moored the boat to a stump of a tree, and wrote on its stern with chalk,

"to be sold:" of this party no tidings were ever heard, and it is

supposed that they perished. The second left five days afterwards, and

were, for a time, more fortunate. Having resolved to escape, they

proposed to capture the barge of commandant Wright; but suspecting their

intention, he pushed off before they could reach it, leaving behind the

surgeon. This gentleman they threatened to flog, and prepared the

instrument of punishment; Brady interposed, and thus began his fatal

career by an act of gratitude. He had experienced some kindness from the

surgeon when a patient, and forgave his official attendance at the

triangles. These men were usually friendly to the doctors: another

medical gentleman, afterwards taken prisoner by Brady and his gang, was

allowed to retain his lancet, and treated with respect, although robbed

of his money. A few days before, he had released one of the party from

punishment, by alleging his physical inability. It was thus in the power

of the surgeons to favor the prisoners, and to mitigate the sentence of

a rigorous magistrate.

The party having obtained a boat, proceeded towards the Derwent, and

were pursued by Lucas, the pilot, without success. They left on the 9th,

and appeared on the east coast of the Derwent on the 18th June, at the

residence of Mr. Mason: having beaten him with great violence and

cruelty, they next robbed a servant of Mr. Gunn of fire-arms. They were

pursued by this officer, and five were captured. These were instantly

placed on their trial, and were desirous of pleading guilty; but courts

have always manifested dislike to such evasions of trial, and they

retracted, on the persuasion of the chief justice. They attempted to

extenuate their crimes by the hardships they had suffered, but in vain.

The advice to a person accused to plead not guilty, though anomalous in

its aspect, is yet usually a proper protection to the ignorant and

defenceless: such, under an impression of general guilt, might admit an

aggravated indictment, and lose the advantage of those distinctions made

by legislators on public grounds, between crime and crime; or the

executive might delude a prisoner with fallacious hopes of mercy, to

prevent the disclosure of extenuating facts to conceal official wrong;

while ignorance of the details of a crime, might destroy the moral

weight of exemplary punishment.

With these men was executed Alexander Pearce, whose confessions to the

priest were, by his consent, published at his death. He formed one of

the second party who absconded from Macquarie Harbour (1822). They had

planned their escape with considerable skill: one was a sailor, and able

to direct their course: they possessed themselves of a boat, and

proposed to capture the vessel of the pilot, then laden for town. It was

the custom, when a prisoner was missing, to kindle signal fires along

the coast, thus giving notice to the sentinels: to prevent such

information, the absconders poured water on the embers kept in

readiness. This was not effectually done: and thus, when they had

proceeded half-a-mile, they saw the smoke rising, and their passage cut

off; they therefore landed, destroyed the boat, and entered the bush.

They now commenced a course of fatigue and horror: they began to murmur,

and then to discuss the terrible alternative of general starvation:

two, who overheard the proposition, returned to the settlement, but died

almost immediately, from exhaustion. The rest travelled on, lessened at

various stages in their course by their fatal necessity, till two only

survived; these were, Pearce and Greenhill--the last, the victim. They

spent two days and nights watching each other! Greenhill, who laid his

axe under his head, to guard against surprise, first slept! Pearce was

now alone, and destitute; but at length he came to a fire of the

natives, and obtained some fragments of the opossum: at last he reached

a flock of sheep, and seized on a lamb, which he proceeded to devour

undressed. He was discovered by a stock-keeper, and when he surrendered

was received with great kindness and sympathy. His host introduced him

to the bushrangers then abroad; but being afterwards captured, he was

again forwarded to Macquarie Harbour.

Such suffering might have been expected to overcome all future desire to

abscond; yet, in company with Cox, Pearce again left the settlement:

they remained several days in the neighbourhood, and then attempted to

reach the northern part of the island. Pearce slew his unsuspecting

comrade. Horror took possession of his mind; or, despairing to effect

his escape, he returned and made signals to the _Waterloo_, then passing

the coast. He confessed his crime, and professed a wish to die.[169]

These cases indicate the rapid process by which the habits of

cannibalism are formed: the details of his trial were given in the

_Gazettes_ of the period, and are contained in the parliamentary papers;

but who could bear to examine the diary of such a journey, or to

describe the particulars of those sacrifices which fill the soul with

unutterable loathing!

Arrests were constantly made, but did not diminish the number, or daring

of new adventurers. Their exploits were contagious: many fled from the

employ of government, and the service of settlers, and forfeited their

lives after a short career. An instance will show the extent of their

operations. By his spies the police magistrate was aware that a large

quantity of goods would be offered to a certain person for sale, whom he

instructed to purchase, and to pay partly by check and partly in cash.

At midnight he surrounded a house in Hobart Town, with soldiers and

constables: there he found the men he sought--their arms, their plunder,

and the check. They had pillaged the dwelling of Mr. Haywood at the

Macquarie, a district rarely free from depredations. One of the robbers

was formerly, and a second more lately, in the service of the

prosecutor, and a third was a neighbour. They had entered, by pretending

to deliver a message, and assaulted both Mr. Haywood and his wife: they

fired several shots, and left them with threats. They were promptly

tried and executed.

Not long after, the same establishment was visited by Brady: he took but

little, and assured the prosecutor he need not fear retaliation, for

Broadhead, the leader of the last party, _was not a bushranger_!

Eighteen were taken in one week, but they increased with equal rapidity.

The Governor, baffled by their lengthened defiance of the efforts to

quell them, attributed cowardice and corruption with an unsparing

bitterness; yet the difficulties even of the well-disposed were great,

and they were often ignorant of the movements of the robbers. Their

retreats were often in the forests, and known only to themselves; and at

some future time property will be detected, the relics of early robbers,

who carried with them to the grave the secret of their hidden spoil.

Occasionally, the hut of a bushranger has been observed: one, curiously

formed, was found by soldiers on the brow of Mount Wellington; and

before the door, a salting apparatus. The servants of the Van Diemen's

Land Company saw a hut at St. Patrick's Plains, beyond the Great Lake

(1826). At a distance it resembled a gigantic fallen tree, and in its

centre and side were doors, from which the whole plain could be surveyed

and surprise prevented.

The Governor denounced the miserable fear of personal danger--certainly

more natural in the bush than the council chamber. Doubtless many, equal

to the bravery of an actual conflict, preferred to pay black mail to

robbers, rather than risk their sudden inroads and secret vengeance. Nor

was it at all certain that a marauder, when captured, would be detained:

some broke from their prisons; from Launceston, a band together, who

renewed their pillage with increasing diligence. Among others, they

attacked the house of Mr. Harrison, and maintained a fire which riddled

his premises. These men attempted to fortify themselves by erecting

stone fences on the peak of a hill at the Macquarie: there they were

surprised and taken. The insecurity of the prisons, and the mode of

disposing of respited offenders, made it not unlikely that an officious

witness would be called to a future account: thus an old man, who

prosecuted a burglar, was visited by the culprit when he returned from

Macquarie Harbour; violently beaten, robbed, and threatened with death.

To distinguish these men was no slight difficulty: they often pretended

to be constables, and were in possession before the error was

discovered. One, still more serious, sometimes happened: thus two

constables saw two armed men enter a hut, and approaching challenged

them; answer not being promptly given, they fired, and severely wounded

both the astonished policemen. Nor were the settlers exempt from such

perils. The bushrangers, often well dressed and mounted, made every

traveller an object of suspicion: when riding over the Cross Marsh, Mr.

Hodgson was challenged by the military stationed there; his motions of

recognition they understood as defiance, and fired. To his remonstrances

they answered with insolence, and expressed a wish that the shot had

proved fatal. On a prosecution the rash soldier was acquitted, no malice

being presumed (1826); and the attack was deemed a contingency of

colonial life.

Among those whose crimes obtained them the greater notoriety, were

Brady, M'Cabe, Jeffries, and Dunne: well mounted upon horses, and armed

with muskets, they scoured the colony: murder, pillage, and arson,

rendered every homestead the scene of terror and dismay. Those settlers

most exposed, often abandoned the business of their farms: their

dwellings were perforated with loop-holes, their men were posted as

sentinels, and all the precautions adopted, necessary in a state of war.

But though not without supporters and accomplices, the bushrangers were

in far greater danger of betrayal and capture than at a former period.

The settlers, much more numerous, and of a higher class, felt that the

suppression of the robbers, or the desertion of the colony, were the

only alternatives. Governor Arthur exerted all the powers of government

against them. Thus the issue was not long doubtful, although the contest

cost many lives.

In July, 1824, a party under James Crawford, appeared on the river, and

having robbed the house of Mrs. Smith, they loaded her servants with

their plunder, and drove them towards the establishment of Mr. Robert

Taylor: meeting his son, they compelled him to bear part of the burden.

The family observed the party approach, and armed to meet them. Young

Taylor called to his father not to fire; and when he came near his

friends, he managed to escape from the robbers: a general skirmish

ensued. The young man seeing a piece levelled at his father, seized the

assassin by the throat, and pulled him down: this brought a comrade to

the robber's assistance: one of the servants became alarmed for young

Taylor, and fired; unhappily, the shot was fatal to the youth for whose

protection it was intended. The robbers now made their escape, leaving

behind, beside two of their companions, their arms and plunder. Governor

Arthur addressed a letter of condolence and praise to the sorrowing

family: their neighbours expressed admiration of their courage, and

presented a piece of plate to them, in testimony of their sympathy and

esteem. Their example was exhibited by the Governor to the imitation of

the colonists, notwithstanding its terrible issue.

The overseer of Mr. Kemp was met by Brady and his party, and taken to

his master's house; there he was ordered to gain admission, which he did

by answering the challenge of his employer: the bushrangers having

possession, robbed the house, in the presence of seven assigned servants

and two free persons. Yet it was not a small risk to begin the _melee_;

and it was not reasonable to expect men, in their civil condition, to

hazard life to protect the property of a master, for whom, perhaps, they

did not entertain much love. Thus the settlers could not always depend

upon their men: many of whom saw, with pleasure, the vengeance inflicted

on masters who had sometimes procured their punishment; and, partly by

sympathy and partly by fear, they were deterred from rendering effectual

assistance. Three men, with blackened faces, visited the residence of

Captain Allison at Sandy Bay: he met them with uncommon courage, but

was struck down and beaten; he appealed to his servants, who only

muttered a reply to his calls for aid. Mrs. Allison joined her

entreaties, when at length an atrocious woman (Hannah Bell, afterwards

notorious) said to the robbers, in a tone of sarcasm,--"Come men, don't

kill him quite out."

One of their most daring exploits was the taking of the town of Sorell,

and the capture of the gaol. They entered the premises of Mr. Bethune,

of which they kept possession until dusk on the following evening. Two

gentlemen, who arrived there during the day, they detained: they

stripped them of their clothing, and tendered the prisoner dress in

exchange; this being, however, declined, one of the gentlemen wore no

other covering than a blanket. These, and others, eighteen in number,

they compelled to accompany them to Sorell. A party of soldiers, who had

been employed in pursuit all the day, and who were worn out with

fatigue, while cleaning their guns, were surprised in the gaol. Brady

locked them up in a cell, and offered liberty to the prisoners he found

there; one of whom, who was charged with a capital offence, for which he

was afterwards executed, declined the opportunity to escape. The gaoler

hastened to inform Lieutenant Gunn, who was in the neighbourhood, and

thus prepared for the arrival of the robbers: while raising his arm, he

received a shot above the elbow, which rendered amputation necessary.

This officer had been employed in the pursuit of the marauders for a

considerable time, and his gigantic stature, courage, and energy,

rendered his name formidable: he received from the public a valuable

present, and a pension from the colonial fund.

The roads were infested, and communication was dangerous: travellers

were arrested and tied to trees; and sometimes, though not frequently,

treated with cruelty. To preserve their property, the settlers resorted

to concealment and stratagem: among the rest, the contrivance and

coolness of an old woman, merits remembrance, who knowing that the

robbers were on the road provided a paper of blank notes, which she

delivered to them, and thus saved a considerable sum, the result of her

marketing.

Their close pursuit at length filled them with a spirit of mischief, and

they perpetrated various acts of cruelty and wanton devastation. Among

their most ordinary pleasantries, was forcing the people of an

establishment to drink to drunkenness: thus their recollection became

confused; they could not follow, and the robbers enjoyed the scene of

their helpless intoxication. They held a pistol to a servant of Mr.

Hance, of the river Plenty, and compelled him to drink a large quantity

of rum: they then led him off the farm and left him. He was discovered

some time after by a shepherd, his dog fondly licking his face: when

raised up, he called for water, and died. Inflammation caused

mortification of the intestines;--the tender mercies of the wicked are

cruel! Not content with pillage, they destroyed the wool of three years'

clip, the corn stacks, and the barns on the establishment of Mr.

Lawrence, by fire. Several other settlers experienced similar

visitations. The Governor issued a proclamation, five hundred copies of

which were scattered through the colony. He threatened with death all

persons who might afford them countenance. He offered rewards to a large

amount: for every bushranger mentioned in the notice one hundred

guineas, or three hundred acres of land; or to prisoners, money and a

free pardon, whether directly or indirectly engaged in the capture; and

to the chief constable in whose district the robber should be taken, one

hundred acres. He complained that sufficient energy and co-operation had

not been employed, and called upon the magistrates and other persons to

combine for the liberation of the country. He himself resolved to fix

his residence at Jericho, to direct the operations; and the inhabitants

of Hobart Town formed themselves into a guard, that thus the soldiers

and constabulary might be wholly employed in this important service. The

robbers, however, being mounted, were enabled to move with considerable

rapidity, and carried on their depredations in every part of the island.

By acts of wantonness and vengeful barbarity, they intended to

intimidate the prisoners. They called Thomas Preston from his hut, on

the South Esk, and deliberately shot him. They took Captains White and

Smith prisoners: the last, they made to kneel--their usual preparation

for murder; but were induced to spare his life, by the intercession of

his companion, who appealed to their humanity on behalf of his wife and

children! They endeavoured to capture the _Glory_, belonging to one of

these gentlemen; but finding the wind unfavorable, they relinquished

that purpose. While Brady was on a hill, watching that vessel, a

confederate escaped, intending to betray them to Colonel Balfour: one of

the party, stationed as sentinel, was tried by a sort of court martial,

for permitting his elopement; he was shot, and flung into the Tamar.

They sent word that they would visit Launceston gaol, carry off

Jeffries, and put him to death. Their message was of course treated

with contempt, but they landed and advanced to the residence of Mr.

Dry, who was then entertaining a number of his friends. The banditti

plundered the house, and were packing up their booty when Colonel

Balfour, to whom a messenger had been dispatched, arrived with ten

soldiers and surrounded the house: the robbers retreated to the back

part of the premises, and fired into the rooms. It was dark, and when

the firing ceased, they were supposed to have retreated. The colonel,

with four of his men, hastened to protect the town, to which a division

of the robbers had been sent by Brady. As soon as he departed, some of

the party again showed themselves: Dr. Priest joined Mr. Theodore

Bartley, and the remaining soldiers; unfortunately, his clothing being

partly white, enabled the robbers to take aim. His horse was shot dead:

he himself received a musket ball, which wounded him above his knee; and

refusing to submit to amputation he lost his life.

Exasperated by these crimes, the whole country rose against them: they

were sought in every quarter. The settlers, and soldiers scattered over

the colony, at the first notice of their appearance, were prepared to

follow them. The Governor himself took the field, and infused vigour

into the pursuit; and in less than a month the chief robbers were in the

hands of justice. Brady, wounded in the leg, was overtaken by the

soldiers, and surrendered without a struggle. With Jeffries, he was

conveyed to Hobart Town. A large crowd assembled to see robbers, who

were admired for their boldness by many, as much as they were detested

for their crimes.

The most ferocious of the bushrangers was Jeffries: he obtained his

reprieve in Scotland, to act as executioner.[170] Being transported to

this country, he was employed as a scourger, and thus trained to

cruelty, entered the bush. He robbed the house of Tibbs, a small

settler, and after wounding, compelled him, with his wife, to proceed to

the forest. The woman carried her infant: Jeffries was disturbed by its

cries; perhaps, fearful that the sound might conduct his pursuers. He

took the child from the arms of its mother and dashed out its brains

against a tree! When captured, he was taken to Launceston, where the

people, exasperated by his unusual guilt, were scarcely restrained, from

summary vengeance, by the presence of a strong guard. While in prison he

made sketches of his murders, and wrote memoirs of his life! His

countenance was an index of his character. Not so with Brady; who,

though guilty of heavy crimes, pretended to something like magnanimity:

he was drawn into the plan to escape, contrary to his own judgment, and

then said the _die_ was cast. His robberies were skilfully planned and

deliberately executed: he often restored such articles as the sufferers

specially valued. To every indictment he pleaded guilty: it was thought

in contempt of justice; but certainly in the full conviction that it was

useless to expect either mercy or acquittal.

An instance of his persevering vengeance, which rests on the authority

of a magistrate, may be worth remembering. A man, who had been a

confederate, determined to entrap him: Brady on approaching his hut felt

a presentiment of treachery; but at length was persuaded to advance. The

constables were in ambush: they fired, and both himself and his

companion were arrested. Brady, wounded, was left bound in the hut with

his betrayer, while the constables conducted his comrade to a place of

confinement. He now requested to lie on the bed, and that a kangaroo rug

might be thrown over him: this done, he disentangled his arms and asked

for water. The guard laid aside his gun to procure it; this Brady

seized, and in his turn became captor. While bound, he reproached the

man for his perfidy, who said that he could but die; and that there was

neither God nor devil! But being now in Brady's power, he fell upon his

knees, and prayed him, for _God's sake_, to spare his life. Brady

reminded him, that he had just said, "there was no God;" but added, that

the report of the gun might give warning of the state of affairs. He

bade him beware of their next meeting, and departed. Afterwards, in

company with his gang, he met this man, and holding a pistol to his

head, told him to say his prayers: the man, finding remonstrance

useless, coolly placed his head against the door of the hut, and said,

"fire!" and was shot dead.

Permission being given for prisoners to unite with the bushrangers, to

betray them, men in irons left the town secretly, joined the gang, and

gave intelligence to the police. This manoeuvre was soon worn out. A

prisoner, who escaped from gaol, desired to join them in good faith; but

believing him a decoy, the gang adjudged him to suffer death. He was

compelled to drink a quantity of laudanum: they then left him; but his

stomach rejected the drug, and after a sound sleep he recovered. He

again met Brady and his gang: two pistols were discharged at him: he

fell, and was left for dead; but the wound was not mortal, and reviving

he determined to deliver himself up. He was, however, again unfortunate:

he met Brady and his companions once more, who again fired; but the

bullet, instead of entering the skull, glanced round it. He fell

senseless to the ground, and was thrown into a dry creek; he, however,

recovered, and long survived these adventures.[171] The high authority

on which this anecdote rests, is quite necessary to suppress the

question of its truth.

During two years ending with 1826, one hundred and three persons

suffered death, being 3 8-15ths in proportion to one thousand of the

population: more than in Great Britain. He who looks at these statistics

alone, will conclude not only that the people were wicked, but that the

government was cruel. At one sitting of the court thirty-seven persons

were sentenced to death; and of these, twenty-three were executed in the

course of a fortnight: nine suffering together, and fourteen others on

two days closely following. A sacrifice of life so unusual, could only

be justified by the peculiar circumstances of the colony, and the

character of the criminals; and the notions which then prevailed

respecting the punishment of death.

We are forcibly reminded of a passage in Lord Coke:--"If a man could see

all the _Christians_, that in one year come to that untimely and

ignominious death--if there were any spark or grain of charity in him,

it would make his heart bleed!" The extreme pains taken to reconcile the

unfortunate beings to their lot; the assiduity of the clergy to make up,

by the assurance of divine mercy, the inexorable fate which awaited

them; proved that these awful slaughters were onerous to the colonial

conscience, and vindicable only as the last resort of the last

necessity. The Governor must be acquitted of great blame. A discussion,

of considerable warmth, arose (1825-6) on an address being presented

from fifty persons, who complained of the delays of justice on

bushrangers already condemned. The gaol was crowded, and the prisoners

seemed not unlikely to escape: several did actually break out of prison.

This memorial was transmitted by the government to the chief justice,

who, while he disdained giving reasons to the colony, vindicated his

court: the magistrates neglected the depositions; the attorney-general

the indictments, and the jury their summons. He had sat in a silent

court until ashamed, while prisoners awaited deliverance. He had often

felt disposed to discharge them; some of whom were detained longer for

trial than for punishment. He could not perceive how the delay of

execution could facilitate the evasion of capture by those at large. In

transmitting this reply, Arthur took occasion to refer to the colonial

press, supported by several of the memorialists, as largely implicated

with the crimes of the bushrangers. He traced, with some artifice, the

violence of the robbers to political dissensions, as inspiriting men who

easily confounded "the liberty of writing and the liberty of acting." To

be satisfied that the Governor did not seize an occasion of rebuke,

rather than account for a public misfortune, is difficult; and not less,

to sympathise with the petitioners. It is common for private individuals

to deprecate the severities of public justice, but the awful state of

the colony must be admitted, when fifty persons, among its most opulent

and even humane inhabitants, were anxious to hasten the offices of the

executioner.

The ignorant and brutal among the prisoners rushed into violence and

crime, with a recklessness of life scarcely credible. Not less than one

hundred were in arms at that time:[172] most of them were absconders

from the various penal stations, and had exhausted all those forms of

severity which stopped short of the scaffold. Of seventy-three sentenced

together, nine were for sheep-stealing, four for forgery, five for

murder, and twelve for robbery; besides four for the offence known in

gaols under the name of blanketing, who were ordered for execution--a

punishment which was commuted, being even then thought too severe for a

theft committed in gaol. They threw over the man whom they robbed a

blanket, and raised loud outcries; and in this form effected their

design.

A few of the cases tried on this occasion, will better illustrate the

condition of the colony than any general description. The murderers of

Alexander Simpson, a settler at Pittwater, pillaged his shop, where he

was accustomed to sleep for the protection of his property: his body was

found in the river, decapitated, and his flesh torn from his bones; in

many places literally bare. On closer examination, the mark of a cord

was observed round his neck, which probably occasioned his death. The

mangling of his body was intended to destroy the proof of identity: no

marks or signs of struggling were visible, nor was the head discovered.

One of the murderers dropped an expression, from which guilt was

inferred. Suspicion was directed to several of the neighbours: articles,

such as the deceased possessed, were found in their dwelling, _wet_;

others were discovered in a house adjoining the deceased's, _also wet_;

the accused were seen together, on the night of the murder. Twenty-two

witnesses gave evidence to facts, all of a circumstantial nature; but

sufficient to secure a verdict against them. This crime was considered

but a type of many, committed in a neighbourhood, the traditions of

which furnish many a tale of blood.

Among those who suffered death, were several whose captors acquired

considerable reputation for their courage. Three were taken by Lucas,

the pilot, assisted by a man and a boy, to whom they surrendered with

arms in their hands: they had just before committed a robbery at the

house of Mr. Holdship. On his defence, one of their number told the

judge, that whatever might be law, he himself could not consider that to

hold a pistol at the head was to offer violence! Several others belonged

to a party which had escaped from Maria Island, a new penal settlement.

On their landing, they advanced to the house of Mr. Gatenby, and were

seen approaching by his son, who took up his gun and went out to meet

them: he called upon their leader to lay down his arms, which he

answered by a discharge. Mr. Gatenby returned the shot, which proved

mortal. The companions of the robber endeavoured to carry him off; but

finding this useless, they retreated, and re-appeared at the premises of

Mr. James Robertson, on the South Esk, whose lands, and those of his

assigned servants, they tied, excepting one who was lame. Mr. W. Gray

coming up on horseback, they made prisoner, and bound him in a similar

manner. The leader of the robbers mounted his horse, while the rest

guarded the gentlemen and servants, and marched them on towards the

river. Mr. Gray disengaged his arm, and by a signal seized one

bushranger, while the lame man assailed another. Mr. Robertson also

released himself, and got possession of the guns. The robbers were

overpowered: one only escaped, but was captured the following day.

The Governor was not slow to acknowledge these instances of gallantry.

The courage of the masters, and the fidelity of their men, were held up

to the colony as brilliant examples, and to the robbers as a proof that

persons of the same civil condition had no sympathy with their crimes;

that their career would be short, and their capture certain.

Tickets-of-leave were granted to the men, with a promise of full

freedom, as a reward of one year's service in the field police. The

_Government Gazette_ observed, that such presence of mind and personal

bravery, in another age would have entitled the captors to armorial

bearings; they, however, received donations of land, perhaps not less

valuable in this meridian.

Amongst others who received a reprieve, was William Kerr, convicted of

forging, in the name of the chief justice, an ingenious device, which,

if it did not preserve him from conviction, perhaps rescued him from a

severer fate. He was advanced in years, and said to be a near relative

of the Earl of Roxborough, and a brother to Lord Kerr. In gaol, he was

conspicuous for his zeal in attempting the instruction of his fellow

prisoners, performing the office of chaplain in the absence of a better!

These unfortunate beings were placed together in cells, too narrow to

allow retirement or freedom from interruption: their attempts at escape,

once or twice nearly successful, rendered it necessary to load them with

irons. The time of execution was fixed, ere they wholly despaired of

liberty. There was not, however, deficiency of clerical attention: Mr.

Corvosso, the wesleyan minister, joined with Messrs. Bedford and

Knopwood, in this awful task.

Large crowds assembled to witness the first execution; but when the

novelty was over, the interest subsided. The last assembly was more

select: in the description given by Dr. Ross, we seem rather to read of

a martyrdom than an expiation. They came forth, he observed, with

countenances unappalled: the light of truth rendered that ignominious

morning the happiest of their lives. They prayed in succession, in a

devout and collected manner: one in particular, with a countenance

serene and placid, expressing his thanks to the chief justice for his

impartial trial; and to the Governor for rejecting his petition for

life. In this tranquil frame they submitted to the executioner. The

spectators were affected to tears: the officers and clergymen,

overpowered, hurried from the scene: the criminals died, as they were

singing--

"The hour of my departure's come,

I hear the voice that calls me home;

Oh, now my God, let troubles cease,

And let thy servant die in peace."

About this time Dunne, the bushranger, was executed: he attained a

considerable distinction by his crimes; more, by his protracted evasion

of pursuit, and his sanguinary resistance of capture; and still more, by

the ceremonies of his execution and the honors of his funeral. He came

forth to the scaffold, arrayed in a robe of white, adorned, both before

and behind, with a large black cross. He wore a cap with a similar

token, and carried a rosary in his hand. He was presented with a coffin

of cedar, ornamented with the devices of innocence and sorrow; and

bearing a plate, which told his name and the time of his death! As he

advanced, with several youthful fellow sufferers (of whom it is only

said, that they seemed _much terrified_), he continued to exclaim,

smiting his breast with theatrical expression of grief--"O, Lord,

deliver us!" He was followed by forty couples to the grave. Such were

the honors paid to a murderer. It is not astonishing, that witnesses

were insulted, and had to appeal for protection. A proposition was made

by the government newspaper, to render penal the taunts which prisoners

were accustomed to use against such as assisted in the suppression of

outrage.

The public effect of these exhibitions will be extremely questionable by

sober-minded and pious men. To see a criminal depart from this life in a

hardened and contemptuous spirit is, indeed, appalling; but the

serenity, and even rapture, thus common when terminating a career of

guilt and cruelty, often entered into the calculation of transgressors.

Among the miserable forms of vanity, is the triumph of boasting

penitence; and even when nothing else remains, the _eclat_ of a public

execution. Some were anxious to commit to writing their own last

confessions of guilt, to secure a posthumous interest in the terror or

pity of mankind.[173] The fullest appreciation of that system of mercy,

which never separates religious hope from the living, would scarcely

justify confidence, founded on such demeanour and language between the

cell and the scaffold.

Scarcely had this scene closed, when the prisoners in the penitentiary,

allured by the prospect of escape, broke through the gaol, and seized a

boat: as they approached the _Emma Kemp_, a premature display of muskets

convinced them that their plan was discovered. It was, indeed, known by

the officers of the gaol prior to their departure; who, calculating on

their arrest, permitted the consummation of their plans. This cost them

their lives: they retreated to the shore, robbed Mr. Mortimer of eight

stand of arms, and commenced their career as bushrangers. They were

evidently unwilling adventurers, and soon taken. The Governor, at their

execution, compelled the attendance of the prisoners, in the fallacious

belief that the sight would prove admonitory as well as terrible.

Several were mere youths: their obituary, furnished by the indefatigable

chronicler of executions, Dr. Ross, is not without interest. There was

Dunhill, six feet three inches high and handsome, a frequent attendant

at criminal courts; whose father was a prisoner for life, and whose

family, once the terror of Yorkshire, were mostly transported or

executed. There was Child, the son of a Bristol merchant, who, as the

rope was adjusting, said, "I know I shall go to heaven!" There was a

Scotch boy, who sang as he went; but said he was ruined in the

penitentiary. Another had driven his mother to self destruction.

Nine men were executed towards the close of the following year, for the

murder of a constable, named George Rex, at Macquarie Harbour: their

leader, James Lacy, a person of considerable talent, was saved on a

former occasion by the mediation of the Rev. W. Bedford, who represented

that to Lacy's influence a settler owed his life. Having planned an

escape, they seized the constable; and having bound and gagged some

fellow prisoners, whom they rejected as accomplices, they took Rex and

pushed him into the water, and held down his head until life was

extinct. They then formed a raft, but it was insufficient to convey

them: three only landed on the main, and were pursued and retaken. The

sole witnesses summoned against them were prisoners, who prevaricated in

their testimony; but the presence of surgeon Barnes supplied the

evidence they thought proper to conceal, and insured the conviction. At

the close of the trial, Lacy leaned over the bar and said, "had it not

been for you, doctor, we should have pulled through."

Lacy was conspicuous in the press-yard for his fervour, and delivered an

animated warning to the multitude, who were drawn together to witness an

unusual sacrifice of life at one drop! Dr. Ross, who still endeavoured

to rally round the scaffold some special interest, gave an artistic

description of their end; but he was astonished to observe how the

sufferers themselves were but little affected, and the spectators less.

He mourned over the unmeaning countenances of the mob, who felt little

but curiosity when they saw them step from the full bloom of life to the

grave! Nor was it perceived by that zealous defender of lenity, when the

government was lenient, and of the severity, when the government was

severe, that the execution of nine persons for an act, in which three

only actually participated, or perhaps contemplated, could only be

possible among such a people. It is rather a matter of exultation, that

there is a limit, beyond which executions become the dullest of all

entertainments. At that time no one would have thought a single sufferer

worth a glance of the eye.

It is remarked, that the most notorious of these offenders were rather

prepossessing, except that their looks, by long residence in the bush,

had acquired an air of wildness. The indicative theories of Lavater were

negatived by the usual aspect of these crowds of victims; but the most

impatient of penal restraint, have been not only violent and corrupt,

but often of resolute and generous dispositions; often possessing the

elements of a mental character, which, had it not been perverted by

crime, might have been distinguished for the energy of virtue. On the

primary treatment of such men, everything depends; and their first

master determined whether they were to become active and intelligent

agriculturists, or by pernicious indulgence, and not less ill-judged

severity, to pass rapidly, by a reckless and resentful temper, from the

triangle to the scaffold.

Such severe exhibitions of penal vengeance were intended to crush the

insurgent spirit; to prove to the prisoners that any forms of

combination or resistance would be followed by severer suffering. The

re-action of that excitement assisted the future success of discipline.

It convinced the masters that a neglected or careless management was

equally pernicious. But the natives, also became objects of terror: the

outlaw could not wander far without risk from their spears, or hover

near the settled districts without encountering the roving parties

employed in their pursuit. Thus the ravages of white men almost wholly

ceased, during the conflict with the aboriginal tribes: the constables

and the blacks together beat up the quarters of absconders.

But the precautions of the government were more effectual than its

severity. Hitherto many had lived at large. At night their own masters;

when not seduced by more serious temptations, their drunkenness exposed

them to the lash; and dread or resentment precipitated them into open

crime. In 1827, the enlargement of the penitentiary, and its better

order, enabled the government to recall from private dwellings those

least worthy of trust; and to make the indulgence of a home a reward for

orderly and industrious habits. The prisoners employed by the crown were

divided into seven classes. Some were permitted to labor one day weekly

for their own advantage: these were the mechanics, who were detained

only because they were artisans; others, on the roads, were allowed half

that time, and by great exertions often obtained very considerable sums.

The rest were in irons, or sent to the penal settlement under a

magisterial sentence.

The fate of many who had suffered death was traced by the Governor to

the imprudence and guilty connivance of the masters, or to the irregular

methods of payment long interdicted by the crown; such as cattle,

allotments, or a portion of time. The executive council professed to

follow up these evils through every stage of their growth, until they

were finally consummated on the scaffold.[174] During twenty years they

had been often condemned; but they were not extinguished until the

market was enlarged, and labor became scarce--so much do moral questions

depend on material revolutions.

The distribution of servants was made with more prudence, and some

reference to their previous habits and mode of life; and a stand was

opposed to the sole superintendence of prisoner overseers, who were

often the occasion of unjust punishments and criminal laxity. The

impounding laws gradually cut off another occasion of mischief.

Heretofore, large herds of cattle were under the charge of prisoner

herdsmen, who were armed with guns. The wild and exciting employment

exposed the men to many temptations: their daring spirit and fearless

riding, rendered them objects of admiration; and created discontent in

the minds of prisoners who were tied down to the more quiet labor of a

farm. Of eight men employed by Mr. Lord, a wealthy colonist, five

suffered death for various crimes.[175] Such persons lived remote from

the civilised community and the inspection of their employers: often

the channel of communication between the town receivers and country

thieves; nor this alone. The large herds wandering far beyond the limits

of the settled country, and without a recognised owner, suggested to the

discontented servant a resource, and led him to abscond where he could

subsist on the flesh of slaughtered spoil.

FOOTNOTES:

[Footnote 167: From Barnes' and Lempriere's account: compared, they

differ in statistics; but Barnes copied his statements from the official

records at the Harbour.]

[Footnote 168: _Par. Pap._

Of 182 prisoners, 169 were sentenced in 1822 to 7,000 lashes; that is,

all were punished, except 13: and received each, upon an average, 400

lashes--inflicted with the severity unknown elsewhere.]

[Footnote 169: It has been suggested to the author, since the above was

in type, that the disclosures of this unfortunate being are not without

a moral, which may compensate for the disgust their perusal may

occasion. They are therefore given in a note, which the reader may pass

over:--

"The Rev. Mr. Connoly, who attended this unfortunate man, administering

to him the consolations of religion, addressed the crowd assembled

around the scaffold, a few minutes before the fatal drop was let to

fall, in words to the following effect: He commenced by stating that

Pearce, standing on the awful entrance into eternity on which he was

placed, was desirous to make the most public acknowledgment of his

guilt, in order to humble himself, as much as possible, in the sight of

God and man; that to prevent any embarrassment which might attend Pearce

in personally expressing himself, he had requested and directed him to

say, that he committed the murder of Cox, under the following

circumstances:--Having been arrested here, after his escape from

Macquarie Harbour, Pearce was sent back to that settlement, where the

deceased (Cox) and he were worked together in the same gang. Cox

constantly entreated him to run away with him from that settlement,

which he refused to do for a length of time. Cox having procured

fishhooks, a knife, and some burnt rag for tinder, he at last agreed to

go with him, to which he was powerfully induced by the apprehension of

corporal punishment, for the loss of a shirt that had been stolen from

him. For the first and second day they strayed through the forest; on

the third made the beach, and travelled towards Port Dalrymple, until

the fifth, when they arrived at King's River. They remained three or

four days in an adjoining wood, to avoid soldiers who were in pursuit of

them, and were all the time, from the period they started, without a

morsel to eat. Overcome by famine, Pearce determined to take Cox's life,

which he effected by the stroke of an axe while Cox was sleeping. Soon

after the soldiers had departed, Pearce occupied the place they had been

in, where he remained part of a day and a night, living on the mutilated

remains of Cox; he returned to the settlement, made signal, and was

taken up by the pilot, who conveyed him to Macquarie Harbour, where he

disclosed to the commandant the deed he had done, being weary of life,

and willing to die for the misfortunes and atrocities into which he had

fallen.

The reverend gentlemen then proceeded to state, that he believed it was

in the recollection of every one present, that eight men had made their

escape, last year, from Macquarie Harbour. All these, except Pearce, who

was of the party, soon perished, or were destroyed by the hands of their

companions. To set the public right respecting their fate, Pearce is

desirous to state that this party, which consisted of himself, Matthew

Travers, Bob Greenhill, Bill Cornelius, Alexander Dalton, John Mathers,

and two more, named Bodnam and Brown, escaped from Macquarie Harbour in

two boats, taking with them what provision the coal-miners had, which

afforded each man about two ounces of food per day, for a week.

Afterwards they lived eight or nine days on the tops of tea tree and

peppermint, which they boiled in tin-pots to extract the juice. Having

ascended a hill, in sight of Macquarie Harbour, they struck a light and

made two fires. Cornelius, Brown, and Dalton, placed themselves at one

fire, the rest of the party at the other; those three separated,

privately, from the party, on account of Greenhill having already said,

that lots must be cast for some one to be put to death, to save the

whole from perishing. Pearce does not know, personally, what became of

Cornelius, Brown, and Dalton: he heard that Cornelius and Brown reached

Macquarie Harbour, where they soon died, and that Dalton perished on his

return to that settlement. After their departure, the party, then

consisting of five men, lived two or three days on wild berries and

their kangaroo jackets, which they roasted; at length they arrived at

Gordon's River, where it was agreed, that while Mathers and Pearce

collected fire-wood, Greenhill and Travers should kill Bodnam, which they

did. It was insisted upon, that every one should partake of Bodnam's

remains, lest, in the event of their ultimate success to obtain their

liberty, any of them might consider himself innocent of his death, and

give evidence against the rest. After a day or two, they all swam across

the river, except Travers, whom they dragged across by means of a pole,

to which he tied himself. Having spent some days in distress and famine,

it was proposed to Pearce, by Greenhill and Travers, that Mathers be

killed, to which he agreed. Travers and Pearce held him, while Greenhill

killed him with an axe. Living on the remains of the deceased, which

they were hardly able to taste, they spent three or four days, through

weakness, without advancing beyond five of six miles; Travers being

scarcely able to move from lameness and swelling in his foot. Greenhill

and Pearce agreed to kill Travers, which Greenhill did while Pearce

collected fire-wood. Having lived some time on the remains of Travers,

they were for some days without any thing to eat; their wants were

dreadful: each strove to catch the other off his guard, and kill him.

Pearce succeeded to find Greenhill asleep; took his life--and lived upon

him for four days. He was afterwards for three days without any

sustenance; fell in, at last with the Derwent River, and found some

small pieces of opossum, &c., at a place where the natives had lately

made fires. More desirous to die than to live, he called out as loudly

as he could, expecting the natives would hear him, and come to put an

end to his existence! Having fallen in with some bushrangers, with whom

he was taken, Pearce was sent back to Macquarie Harbour, from whence he

escaped with Cox, as has been already stated, for whose death he is now

about to suffer."--_Hobart Town Gazette_, 1824.]

[Footnote 170: _Ross's Almanack._]

[Footnote 171: "The fact was also corroborated by Brady, when examined

by the gentleman from whom I got the account; and, strange as it may

appear, it is perfectly correct."--_Breton's New South Wales_, p. 340.]

[Footnote 172: _Gazette_, 1825.]

[Footnote 173: The author is assured by a clergyman, that he has been

dismissed his attendance upon a prisoner, within a few days of his

execution, for refusing to write down the particulars of his life.]

[Footnote 174: "The flagitious proceedings of several of these men were

clearly traced to have had their source in the weakness or improper

treatment of their employers, whose ill-judged neglect of discipline, or

corrupt toleration of irregularity, had contributed to entail

consequences so awful to those victims to offended justice. If it shall

be ascertained, any settler makes payment to convict servants in stock,

or apportions to them land for their exclusive benefit, or suffers them

to be employed in any other than his immediate service, every support

and indulgence of the crown will be withdrawn."--_Gazette Notice, Sept.

1826._]

[Footnote 175: _Ross's Almanack._]

The History of Tasmania , Volume II · 第 12 / 28 章