CHAPTER X.

Van Diemen's Land Again; A Hunt for Bushrangers in the Mountains; Some Brutal Attacks; "Stand!" "No, thanks, I'm very Comfortable Sitting;" A Degrading Exhibition; A Determined Judge; Cash, Kavanagh, and Jones, an Enterprising Firm; The Art of Politeness as Exhibited by Bushrangers; A Bushranger Hunt in the Streets of Hobart Town; The Capture of Cash; Break Up of the Gang; A Doubtful Mercy.

For some years the roads in Van Diemen's Land had been comparatively safe, very few highway robberies being recorded, and the newspapers generally asserted that bushranging, in its worst form, had been stamped out. This assertion, however, is not altogether borne out by the evidence, and the most that can be said is that bushranging was not nearly so prevalent as in former times, and no bushranger had exercised his calling for a sufficiently long time to earn notoriety, but even this comparatively happy condition did not last very long.

The bushrangers James Regan, William Davis, James Atterill, alias Thompson, and Anthony Bankes having committed a number of depredations on the settlers, the Government resolved to make a decisive effort to capture them. Consequently, on February 21st, 1838, Captain Mackenzie, with three privates of the 21st Fusiliers, two constables of the Field Police, and two prisoner volunteers, went to Jerusalem, where he was informed by the Police Magistrate of Richmond that another house had been robbed by the bushrangers, who had retired to the Brown Mountain. A guide, well acquainted with the Tiers, was found, and the party started the following morning. They struck into the bush a short distance beyond Mr. Tomley's, and at two o'clock came to a hut where the stockman, an intelligent lad, informed them that the bushrangers had robbed his master's house on the previous night at ten o'clock, taking a horse to carry the robber Bankes, who had been wounded. The lad was taken as a guide, and led them up a ravine, which soon became too steep for the horses. They reached the summit of the Brown Mountain about dusk, but without seeing any fire or other indication of a camp. They reached Mr. Ree's house, on the Richmond side, about midnight, and returned to Jerusalem at six on Friday morning, having been marching for twenty-three hours over very rough country. After six hours' rest Captain Mackenzie took Wesley, one of Mr. Johnson's shepherds, as guide, and resumed the search. They reached Mr. Stokell's house at dusk, and approached it with great caution. Finding no one there, Captain Mackenzie left two sentries, and pushed on to Romney's, where they arrived at about half-past one. The moon was shining brightly. The hut was surrounded, and Captain Mackenzie called for three volunteers, telling the men that it was a forlorn hope, as the robbers would probably shoot two out of the three, the moonlight being so bright. The captain called on Regan by name to surrender, but received no answer. He then walked up to the window, and said to the occupant of the hut, "Tucker, you old blockhead! why don't you open the door?" There was a rattle of musketry, and the captain stepped back into the shadow of the hut. Captain Mackenzie called out to his men not to fire unless the bushrangers did, or unless they rushed out and tried to escape. Then Constable Peacock advanced to the window and looked in. Captain Mackenzie said if the door was not opened he would fire, and after waiting a minute or so told Private Cockburn to shoot, but not too low. Cockburn fired into the window when the door was opened, and a man came out. The captain cried "Lie down, or you die." "I'm Tucker," said the man, "don't shoot," and threw himself on his face. The captain went to the door and looked in, when Private Cockburn cried, "Take care, captain, the fellow is going to fire. They are all armed." This raised a cheer among the soldiers, who now knew that their men were there. Regan it appears had tried to bring his musket to bear on the captain, but could not do so without exposing himself. The captain gave the word to fire, and a volley was poured into the hut. Then the captain asked Regan to surrender, promising not to hurt him. Regan endeavoured to induce the captain to promise not to prosecute them, but he refused, saying it was more than he could do. Finally, they consented to surrender, and Atterill crawled out naked. He was tied. Regan was then called, and he refused to come out on his hands and knees, saying that he would sooner be shot than be treated like a dog. The captain told him he might walk out if he came without arms and held his hands up. He did so, and the police then went in and brought out the other two. The prisoners were handcuffed and placed in a cart. About £14, found in their clothes, and their guns and pistols, were carried in another cart. Tucker was employed by Mr. Romney and was considered the best guide in the district. The robbers had taken possession of his hut and intended to make him show them the way across the mountains on the following day. The party reached Richmond on Saturday night, and early next day the bushrangers were lodged in the gaol at Hobart Town. The prisoners were tried and convicted of several acts of bushranging, ranging from highway robbery to burglary. They were all sentenced to death, but only Regan was hung.[34] _The Cornwall Chronicle_ said "His inquisitors were conscious that, had he been permitted to give his dying attestation to the treatment he had received from his master, it would have been so appalling and horrible as to leave the guilt of his crimes, in the estimation of an impartial public, not on his own head, but on theirs." "The Government," said the paper, "is afraid to hear the dying statements of the condemned."

On September 8th, 1840, two armed men entered the Post Office at Ross, and bailed up the post-mistress, who was also a store-keeper. They took from her about £16 in cash and a quantity of wearing apparel. A large sum of money which was enclosed in a letter ready for despatch was missed by the robbers. The police were informed and at once followed on the track of the bushrangers, but failed to arrest them. On the following evening the bushrangers went to a hut on the station of Mr. Joseph Penny, of Ashby Cottage, and tied the shepherd, telling him that if he was quiet and did as he was ordered they would not hurt him; but that if he refused to obey they would shoot him. They went to the gardener's lodge and compelled the gardener to give them some food. While they were engaged in eating a man who had previously agreed to go out opossum hunting with the shepherd called at the hut and shouted. He received no answer, the shepherd believing that the bushrangers were "trying" him. The friend knocked again and shouted, but receiving no reply went in. He was surprised to see the shepherd lying down tied and quickly untied him. The two men then went to the house and informed Mr. Penny of what was going on. Quickly arming himself and the two men Mr. Penny went to the gardener's lodge and surprised the bushrangers before they could get their pistols and guns ready. They were tied and conducted into the town, and were subsequently convicted and sent to penal servitude.

James Leverett, while driving a cart belonging to Mr. James Cox, of Clarendon, was attacked by a bushranger and brutally beaten. The bushranger struck him on the head from behind and stunned him. He stopped the horse and battered Leverett about the head. Then he searched his pockets and decamped. The constable stationed at Morven happened to pass along the road, and seeing the horse and cart standing went over to ascertain what was the matter. Finding Leverett lying in the cart insensible the constable took him to the police station and sent for a doctor. He then followed the tracks of the bushranger, but failed to find him. Another man, a servant of Mr. Stephenson, of Curramore, was beaten and robbed in a similar manner. It was said that these assaults were committed by ticket-of-leave men, who were thrown out of employment by the arrival of a large number of free immigrants.

On the 15th April, 1841, James Broomfield and Jonas Hopkins bailed up and robbed Henry Atkins, Bonney, taking seven five pound notes from him. In company with James McCallum the same two bushrangers went to the house of Thomas Bates, at Norfolk Plains, about midnight, and woke him up, demanding something to drink. Bates told them that there was plenty of water in the cask. This, however, did not satisfy them, and they broke into the kitchen. They took some flour and grain from the cask and made a damper. While this was baking they took a watch, some money, and a quantity of clothes out of the bedroom. When they had had a meal, they left with their plunder, but were followed and captured. They were convicted of robbery with firearms and were sentenced to death; their sentences were, however, commuted to imprisonment for life.

John Gunn, George Griffiths, William Lambeth, Samuel Harrison, and Thomas Hurn stuck up and robbed Daniel Downie on the 5th September, 1842, of clothing and money. They were followed by Constables Patrick Flynn and George Marsden, and a volunteer named Joseph Masson. The bushrangers were armed with a fowling-piece and a musket. They went next morning to the hut of James Thompson, and told him not to be frightened as they did not intend to hurt him. They took his money and were walking away, when the constables came up and called on them to stand. They surrendered and were taken to gaol. When they were convicted, sentence of death was recorded against each of them, but they were not hung.

On May 4th, 1843, Mr. Thomas Massey, of Ellerslie, South Esk River, was sitting on his verandah when John Conway came up, presented a gun at his head, and cried "Stand." "No, thank you," replied Mr. Massey, "I'm very comfortable sitting down. What do you want?" Conway then asked where the man was. Mr. Massey replied, "Out in the kitchen." A man named Riley Jeffs was standing a short distance away with Henry Blunt and a man named Pockett, both of whom had their hands tied behind them. Jeffs left the two tied men and went round to the kitchen, while Conway demanded money and firearms. Jeffs returned with the manservant and tied his hands. The robbers then took two double-barrelled guns, a single-barrelled fowling-piece, with a shot belt and powder flask, some tea, sugar, flour, and a gallon of rum. After they had gone Constable Thomas Connell, of Campbelltown, with Joseph Masson, Matthew Perry, Edward Quin, Aaron Dunn, and Stephen Wright followed the bushrangers to Blunt's hut, when two men ran away. One of them was lame and was soon caught. It was Jeffs, who said he had accidentally wounded himself the day before, after he left Mr. Massey's. The other man, Conway, was captured after a brisk run. At their trial, Mary Bryan, servant at Mr. Massey's, said she recognised Conway by his big nose. "How many inches? Did you measure it?" asked Jeffs, but the question was ruled out of order by Judge Montagu. The prisoners were then tried for the murder of Constable William Ward. They went to Mr. James Gilligan's house, Clifton Lodge, Break-o'-day Road, and asked Sarah Vasco, the servant, whether any one was at home. She replied, "Only master and mistress and a gentleman." They had four men with their hands tied behind them. Jeffs stopped with these at the kitchen door, while Conway walked into the passage. When he reached the parlour door he presented his gun and cried, "Stand, or I'll blow the contents of this through you." Ward, who was sitting near the door, jumped up and grappled with the bushranger. They struggled together into the passage. Mrs. Gilligan pushed her husband to prevent him from going out, and slammed the parlour door. Mr. Gilligan heard the struggle along the passage, and then a gun went off. He got the door open at last and went out. He saw Ward lying on the floor of the kitchen. Jeffs and Conway and the four men whose hands were tied were looking at him. Conway said to Gilligan, "You go back into your room, old man, or I'll mark you." In the fight in the passage both of the men had endeavoured to obtain possession of the gun, but between them they let it fall and it exploded without injuring any one. Conway then broke away and ran into the kitchen. Ward followed him and was grappled by Jeffs. While they were wrestling Conway drew a pistol and watched for a chance, and when Ward was on top holding Jeffs down Conway deliberately put the pistol to his shoulder and fired. Ward rolled over dead, and Jeffs got up. The robbers then demanded money, and Mrs. Gilligan went to the bedroom upstairs to fetch some. Conway accompanied her. Mrs. Gilligan said, "It's a great pity, Mr. Ward had a large family." "Well," replied Conway, "why didn't he keep out of our road? We tried to shoot him before." The prisoners were convicted of wilful murder. In his summing up the Judge said that the four men who were present appeared to be accomplices, although they were tied. They had prevaricated so much in their evidence that it was worthless or worse. He would consider whether it was advisable to prosecute them for perjury. Conway was very violent while in gaol. He threw a loaf of bread at the gaoler, and threatened that if he got out he'd "do for him." Jeffs and Conway were hung at Launceston in July. The census of the town had been taken a short time before, and showed that the population was 4458 souls. _The Launceston Advertiser_ said that there were more than a thousand men, women, and boys present to see Jeffs and Conway hung. Numbers of people took their blankets with them and slept in the square all night. They were singing songs and making a great noise. The paper says the scene was a disgraceful one, and doubts whether such exhibitions can have any beneficial effect.

John Price and Thomas Roberts were tried for highway robbery. Judge Montagu said that if the robbery had been committed at night, or if any undue violence had been used, he would have cast them for death without hope of mercy. It appeared, however, that they had been followed and captured at once, and therefore, although the death sentence would be recorded against them, they would be sent to a penal settlement, and he hoped they would reform.

John Fletcher and Henry Lee stuck up and robbed Daniel Griffin at Cocked Hat Hill, on November 6th, 1844. In passing sentence of death, Judge Montagu said that he was determined to put down robbery on the high road between Hobart Town and Launceston, and especially about Cocked Hat Hill. It was a horrid place. No man was safe there. The residents were fortunate in having so active and energetic an officer stationed there as Constable Harvey. He would sentence the prisoners to transportation for life. When they were being removed from court, Lee said, as he was passing Constable Harvey: "I'll rip your---- guts out, you----, if ever I get out."

On the 10th July, 1841, Hogan and Armytage visited the Travellers' Rest Inn, within four miles of Launceston. There were eight men in the bar and they took all the money they could get, some grog, and provisions. Hogan said he was tired of the bush, and wished "it was all over." Armytage looked ill and miserable. The police followed them as soon as news of the robbery was conveyed to Launceston, but without success, as the bushrangers were too well acquainted with the country round there.

On January 8, 1841, a bushranger went to a shepherd's hut on Mr. Frank's station, Lake Crescent, and tied the shepherd, telling him that he would shoot him if he got loose. The robber only got a few shillings. The robber went away, but soon returned, and seeing the shepherd still tied, cautioned him again and went away. The man remained tied for several hours before he attempted to untie the rope. It was said that this was the man who had robbed Mr. McCrae's station, and murdered a shepherd on Mr. Brodribb's station.

On the following day, Hogan the bushranger walked into a public-house kept by Mrs. Bonny at Deloraine, and asked for two case bottles of rum. On these being given to him, he took a ham and a pudding and walked away, saying that he wanted them for his mate, who was ill. Although there were five or six men in the bar at the time, no attempt was made to detain him. Nothing further is known about Armytage, who is supposed to have died in the bush; but Hogan was captured and sentenced to penal servitude on Norfolk Island.

On April 2, 1842, it was reported that Martin Cash, the notorious bushranger who had for so long a time defied the police, had been captured in a house in Harrington Street, Hobart Town, by Constables Kirby and Williams. He was lodged in the lock-up, but during the night succeeded in making his escape.

On March 25, 1843, the bushrangers Martin Cash, Lawrence Kavanagh, and Thomas Jones, armed to the teeth, bailed up Mr. Panton at Broad Marsh, and fired at Dr. Macdonald. The police started in pursuit. On April 18th, the gang visited Mr. Hay, who was in his barn overlooking five shearers who were at work. They were ordered to stand up and put down their shears. Then the men were forced to tie each other. While the bushrangers were plundering the house, Mr. Ward came up. He was ordered to stand, but instead of obeying he ran away. Cash followed and fired his pistol, the shot grazing Ward's ear. Ward, however, kept on and got behind a tree, and the bushrangers decamped, taking very little plunder with them. On the 19th they captured Mr. John Clarke and his overseer, Mr. Denholme, and compelled them to accompany the bushrangers to the late Mr. Allardyce's house on the Clyde River. They went into the parlour, and after arranging the chairs, invited the gentlemen to sit down. Then they called for brandy and glasses. The servant brought in a bottle of brandy and a tin pannikin. Cash was in a great rage. He swore at the servant, and asked him in an indignant tone, "Is that a proper thing for gentlemen to drink out of? Take it away and bring glasses." When they had had some refreshments, Cash sat talking to Messrs. Clarke and Denholme, while Kavanagh and Jones collected the plunder. The bushrangers were said to be very haggard in appearance and not well dressed.

On May the 18th they invited themselves to visit Captain McKay, on the Dee River, and dined with him in the most amicable manner. After dinner they loaded two horses with clothing, provisions, and other articles from the store. Then, taking Captain McKay with them, they went to Mr. Gellibrand's, where they loaded a third horse. With this the bushrangers appear to have been satisfied, as they went away.

"Messrs. Cash & Co.," as some of the Van Diemen's Land papers called the gang, visited Mr. Christopher Gatenby, of the Isis, on July 1st, and politely apologised for their intrusion. They as politely asked for a supply of provisions, which they said were necessary owing to the police having recently captured their camp and taken away all that they could find there. Mr. Gatenby opened the store and gave them what they required, and then Cash said he should feel extremely obliged if Mr. Gatenby and four of his servants would carry the provisions to their new camp. He politely explained that this was necessary, as the police had taken their horses. The invitation was so pressing that Mr. Gatenby could not refuse. He therefore took up a portion of the swag, while his servants shouldered the rest, and escorted by the three bushrangers they started into the bush. After walking for about two miles Cash said he would not trouble Mr. Gatenby to go any further, as he thought that they could manage without him. The load he was carrying was distributed among the bushrangers, and Mr. Gatenby returned home, after having been profusely thanked for his generosity in giving them the provisions and his kindness in carrying them so far. The servants were taken two or three miles further into the bush, and were then allowed to deposit their loads under a gum tree and return home. Cash denied that the gang had had an encounter with the Campbelltown constables. He said that the constables found their hiding place when he and his mates were absent.

On August 22nd two men dressed as sailors were seen by the constables in Hobart Town enquiring for the residence of a well-known suspicious character. One of the constables stepped forward, and gave them the address they required. Then one of the sailors walked away, while the other remained standing near the constables as if in bravado. The constables held a consultation, and decided to arrest the sailor as a suspicious character. Two of them went towards him, when the sailor drew a pistol, fired, and then ran. The shot took no effect, and the constables gave chase. Charles Cunliffe, a carpenter, was standing at the door of his house as the sailor passed, and hearing the constables chasing him and crying "Stop, thief!" he joined in the chase. As they went down Brisbane Street Constable Winstanley came out of the Commodore Inn on hearing the hullabaloo, and attempted to seize the sailor, but the sailor drew a pistol from his belt and fired. The ball passed through Constable Winstanley's chest, but nevertheless he grappled with the sailor and held him until Cunliffe came up, when Winstanley fell. Cunliffe and the sailor had a terrific struggle for a few minutes, Cunliffe being much bruised, but he held on until the other constables arrived and secured their man. The sailor was taken to the Penitentiary, where he was identified as Martin Cash. It was believed that the other sailor was Lawrence Kavanagh, but although search was made for him, he could not be found. Constable Winstanley died from the effects of his wound two days later.

Martin Cash was tried for the murder of Peter Winstanley on September 15th, and was found guilty. He said he had been standing quietly in the street when a constable came up and cried out, "It's Cash, blow his brains out." He had then fired and run. The constables were all cowards. They thronged round him when he was down, but they would never have caught him if it had not been for Cunliffe. Judge Montagu said in reply that he could see no proof of cowardice in the action of the police. They were not such fast runners as the prisoner. Charles Cunliffe was the more active, and consequently he had caught the prisoner first. For this he deserved credit, but the police had arrived at the spot without delay and were also to be complimented for their share in the capture of so dangerous a character as the prisoner. He then sentenced the prisoner to be hung on Monday, the 18th instant.

Cash, however, was not hung, but was sent to Norfolk Island for life. Rewards of one hundred acres of land or one hundred sovereigns, in addition to the rewards previously offered of fifty sovereigns, with a free pardon for convicts and a free passage to any post in Her Majesty's dominions, were offered for the capture of Kavanagh and Jones, dead or alive.

Thomas Jones, in company with John Liddell and James Dalton, stuck up Catherine Smith's house on December 6th, at Effingham Banks. They tied the servants and went into Mrs. Smith's bedroom. The lady requested them to go out while she dressed, and they complied. When Mrs. Smith got up the bushrangers ordered the servants to get them some supper, telling them that they need not be afraid, as nobody would hurt them. They made the servants sit down while they ate. After their meal they opened the drawers and took out clothes and other articles which suited them, and went away. On December 11th they stuck up a hawker named John McCall. They drove his cart half a mile into the bush off the road, and tied McCall to a tree. Then they made a bundle of the articles they wanted in the cart, and went away. On December 30th Thomas Jones, "late with Messrs. Cash & Co.," with another man named Moore, dressed as sporting gentlemen, went to Mr. William Field's, and enquired if he was in? They were answered in the negative, and they then went to the men's hut and bailed up the two men there. As the others came in they were compelled to stand in a row against the wall. When Mr. Shanklin, the overseer, came in, Moore told him to kneel down and say his prayers, as he intended to shoot him. The men interceded for the overseer, saying that he always had treated them well. Moore asserted that Shanklin had "got him an extension of time," and he meant to have revenge. He was very violent in his language. Jones had been looking on very quietly, but he now said, "Oh, let the---- go, and let him beware how he behaves in future." Moore at first objected, but gave way, and Shanklin was made to stand up with the assigned servants. The robbers broke open Mr. Field's escritoire, and took £50 out of it. They also took tea, sugar, flour, and other things from the store.

In the meantime the police had not been idle. They had had several brushes with the bushrangers, and had captured Kavanagh, Liddell, and Dalton. After this last robbery Jones and Moore were followed, and Jones was captured. They were all convicted and sentenced to death, but were told that probably their sentences would be commuted to penal servitude. On hearing this Liddell exclaimed, "I don't want mercy from you or any one else. I've been eleven years at Port Arthur and I don't want to go there again. I'd rather die than live." Judge Montagu said that this statement showed a deplorable frame of mind and exhorted Liddell to think of the future. Dalton complained that he had been knocked down by Thompson, the gaoler. Mr. Thompson said that the prisoner was a very desperate man. "But you'd no right to put irons on my neck," cried Dalton. The Judge said it was the duty of the gaoler to prevent escape. If he deemed it necessary he had a perfect right to put irons on the neck of a prisoner as well as on his hands and feet. He should report the behaviour of the prisoners in the proper quarter and he could not recommend either Liddell or Dalton to mercy. "I don't care a---- what you do," exclaimed Dalton. George Cumsden, who had also been associated with Jones in some of his robberies since the capture of Cash and Kavanagh, was also sentenced to death, "without the hope of mercy." He had threatened to "blow a hole through" any witness who appeared against him.

There was again a lull in bushranging in Van Diemen's Land, and again the papers asserted that the crime had been stamped out. The majority of those convicted had been sent to Norfolk Island, and this, it was said, would act as a deterrent to other evil doers. Norfolk Island was feared more than death.

FOOTNOTES:

[Footnote 34: _The Colonial Times._]