CHAPTER XIII.

Captain Melville Takes to the Road; He Ties and Robs Eighteen Men; He Goes to Geelong for a Spree, and Boasts of His Exploits; His Sensational Capture; Sent to the Hulks; Murder of Corporal Owens; Melville Removed from the Hulk _Success_ to the Gaol; Murder of Mr. John Price and Mutiny of the Convicts; Melville Attacks Mr. Wintle; Death of the Noted Bushranger.

Of all the bushrangers of the "roaring fifties" none was more talked of than Frank McCallum, alias Captain Melville. Every now and then, during the latter half of the year 1852, stories were told of daring robberies committed by Captain Melville, and rewards were offered for the capture of the captain, dead or alive, or any person who aided and abetted him. On December 18th, 1852, he rode up to a sheep station near Wardy Yallock and asked Mr. Wilson, the overseer, who was the owner? "Mr. Aitcheson," was the reply. "Is he at home?" asked Melville; and on being answered in the affirmative he expressed a wish to see him. Mr. Wilson having no suspicion as to who the civilly spoken visitor was went into the house and returned with Mr. Aitcheson. Melville drew out a pistol, pointed it towards them, and ordered them to "put up" their hands. The two gentlemen complied at once and were marched to the woolshed. Here they found the sixteen shearers and other workmen sitting in a row down the middle of the shearing floor and William Roberts, Melville's mate, standing sentry over them pistol in hand. Aitcheson and Wilson were conducted to the head of the row and ordered to seat themselves, which they did. Melville then searched about until he found a rope. This he cut into lengths and then mounted guard while Roberts called the prisoners out one by one and tied them to the fence. Mr. Aitcheson asked Melville what he wanted? and the bushranger replied, "Gold and horses, and we're going to get them." When all the men were securely tied the bushrangers cautioned them not to attempt to get loose until permission was given, and then walked to the house. Melville told Mrs. Aitcheson not to be afraid, as he never interfered with ladies any more than was necessary. He told all the women and girls to go into one room. One of the women was told to get some food ready, and part of this was taken, with two bottles of brandy, to the men at the shed. Melville and Roberts both ate heartily. They searched the house thoroughly, and took all the money and jewellery they could find. They picked out two fine horses with saddles and bridles, and when mounted they stopped at the woolshed to bid good-bye to Mr. Aitcheson and their "other friends," and to inform them that Mrs. Aitcheson would come and untie them as soon as he and his mate were out of sight along the road.

The boldness with which this robbery was conceived and carried out caused quite an excitement throughout the colony. The idea of eighteen men permitting two to tie and rob them without a struggle caused as much amusement perhaps as wonder. People talked of little else for days, and everywhere the question was asked, "What next?" This, however, was not all. After leaving the station the bushrangers only travelled a few miles and camped in the bush. The following morning they stuck up two diggers, Thomas Wearne and William Madden, on the Ballarat Road, and robbed them of £33. After taking the money, Melville asked them where they were going. "To Geelong to see our friends, and spend Christmas. But now we shall have to go back to the diggings," was the reply. Melville drew Roberts apart, and after a brief conversation he came back, handed the diggers a £10 note, and hoped that would be sufficient to enable them to enjoy their holidays. During the next few days the bushrangers stuck up and robbed a large number of travellers on the Ballarat Road, travelling themselves towards Geelong at the time. On the morning of the 24th, they stuck up and robbed a man near Fyan's Ford, about five miles from the town, and then rode straight into Geelong. They put up at an hotel in Corio Street, where they had dinner and saw that their horses were fed. Then they went to a house of ill-fame, a little off the street, and not far from the Corio Street lock-up. One of the women was sent to a public-house in Moorabool Street for some bottles of brandy, and the spree began. The liquor opened Melville's mouth, and he informed one of the women who he was, and boasted of his exploits. This woman told the others, and as there was a hundred pounds reward offered for "such information as would lead to his apprehension," the chance of making money was too good to be missed. One of the women put her arms round his neck and talked to him, while another slipped out by the back door and went to the police station to inform the police as to the character of their visitors. Somehow Melville became suspicious. He suddenly pushed the woman away, and called to Roberts to go and fetch the horses, swearing that he would leave the town at once. Roberts, however, was too drunk to heed him. He was asleep with his head resting on the table. Melville jumped up and shook him, but finding that he could not rouse him, resolved to go alone. He opened the front door and saw a woman with two policemen just entering the gate. Slamming the door to hurriedly, he rushed across the room, and seizing a chair, dashed it through the back window. Then, jumping clear through the opening thus made, he raced down the yard to the back fence and climbed over in time to meet another constable, who was hurrying up towards the back of the house. Without a moment's hesitation Melville knocked the policeman down, and ran across a piece of vacant land. His first intention had, of course, been to go for his horse, but on reaching Corio Street after this enforced détour, he knew he would have to pass the lock-up to reach the stable where his horse was. This was too dangerous, and he took the opposite direction.

On its western side Geelong proper--that is, the older part of the town--is separated from its western portion by a deep gulley, which in early times was closed up by a dam. The water thus penned back spread over a flat, and served to supply the first settlers with water. In 1852 the dam was still there, and formed the roadway which connected Geelong with Ashby, Kildare, and other suburbs. It was across this dam that all the traffic on that side of the town passed. At short distances away the Melbourne and Ballarat roads branched off, the one along the banks of the bay, and the other towards the Bellpost Hill. A few years later the dam was cut away, and a handsome iron bridge erected across the deep gulley, while the space formerly covered with water was converted into a park or garden.

The dam was in a line with Malop Street, and Melville raced away across the vacant lots to that street, followed by several policemen. It was near sundown, and as Melville came to the dam Mr. Guy was returning from his afternoon ride. Mr. Guy was a young gentleman who had not been long in the colony. He was lodging at the Black Bull Inn, Malop Street, where the most extensive stables in the district were. The Black Bull was a great sporting house and there were always some race horses there, either in training or waiting for engagements; and, as Mr. Guy was an excellent horseman, he frequently took one or other of these horses out for an airing. On this occasion he had been for a gallop across the plains to Cowey's Creek, and was walking his horse quietly back to allow him to get cool. When crossing the dam a man suddenly rushed up and seized him by the leg. He was lifted out of the saddle, and half fell, half jumped to the ground. He landed on his feet and rushed round the horse in time to collar the man who was trying to mount. The horse was a spirited animal and objected strongly to this summary change of riders, otherwise, perhaps, the bushranger would have got away. He reared and plunged and prevented the bushranger from mounting. Guy seized the bushranger, and received a heavy blow for his trouble, but he held on gamely, and in the struggle the horse broke away and galloped off to his stable. A moment later the police came up, and Melville was captured. Mr. Guy was highly complimented for his plucky fight with so redoubtable an opponent, but he usually replied that he wasn't going "to lose a horse in that manner if he could help it." Of course, he was intensely surprised when he was informed that he had captured the notorious bushranger, Captain Melville. Melville and Roberts were lodged in the "old gaol" in "South Geelong," and I remember going to see "the bushrangers" conveyed across the flat and up the hill to the court-house to stand their trial. They were seated in a dray, heavily ironed--there was no "black Maria" in Geelong in those days--and drawn by two horses. There were several armed policemen on the dray, and others marched before and behind. The court-house, of course, was crowded, and, as boys were not admitted, I was not present.

It may perhaps be of interest to notice that at that time there were stocks outside the Geelong Court-house. They were converted into firewood about two years later when the foundations for the new and larger court-house were laid. I believe these were the last stocks seen in Victoria, the Melbourne ones having been destroyed some time before, when the court-house there was enlarged.

Melville was convicted on three charges of highway robbery, and was sentenced to twelve years' penal servitude on one and to ten years each on two other charges, making in all thirty-two years. A number of other charges were withdrawn. Similar sentences were passed on Roberts, but they were made concurrent. Melville was taken by boat from Geelong to the hulk _President_ in Hobson's Bay, "until the devilish spirit he had for so long a time exhibited appeared to be broken," to quote the _Melbourne Herald_. Rather more than a year later he was removed to the hulk _Success_ "for milder treatment," and was permitted to go ashore to work in the Government stone quarry at Point Gellibrand. At that time Melville was engaged in translating the Bible into the language of the Australian aborigines, "in which he could converse fluently." For more than two years the public heard nothing of Captain Melville. On October 22nd, 1856, a launch with fifty or sixty convicts on board was being towed from the hulks _Success_ and _Lysander_ to the landing-place near the quarry, when Mr. Jackson, the officer in charge, observed that the prisoners were crowding towards the bow of the launch. He shouted to them to go back and trim the launch. Some obeyed, but those nearest the bow seized the tow-rope and rapidly pulled the launch up to the stem of the boat which was towing it. Then the prisoners began jumping into the boat. Mr. Jackson was hurled into the water. Corporal Owen Owens' head was smashed, and he and John Turner, one of the rowers, were thrown overboard. The other rowers jumped, some on to the wharf, the others into the water. The convicts seized the oars and pulled rapidly down the bay, Captain Melville standing up in the boat, waving the hammer with which it was said Owens had been killed, and shouting "Adieu to Victoria!" The desperadoes, however, were not to be allowed to escape so easily as they imagined. The guard on the hulk _Lysander_ fired at them as they passed, and the water-police from Williamstown soon followed and overtook them. Being threatened with muskets at close range, and having no arms themselves, they surrendered and were towed back quietly to the _Success_. Nine of the conspirators were tried for mutiny, Melville at his own request being placed first at the bar alone. In the charge sheet he was described as Thomas Smith, alias Frank McCallum, alias Captain Melville, and was said to have been transported to Van Diemen's Land in 1838. This contradicts the many rumours which gained currency about him during his bushranging career. That most generally received was that he had come to the colony in charge of an emigrant ship from England, and that he and his crew had deserted her and gone to the diggings, where, being unlucky, he had taken to bushranging. This report was frequently denied, but still it was extensively believed, especially in the Geelong district. After hearing the evidence, the jury were unable to agree on a verdict of murder in the first degree, as there was a doubt as to who struck the blow which killed Corporal Owens. The Judge ruled, however, that if, in an attempt to escape from lawful custody, any person is killed, all of those attempting to escape are guilty of murder. In consequence of this ruling Melville was found guilty and was sentenced to death. The other prisoners were acquitted. The sentence was afterwards commuted to imprisonment for life, and when Melville was informed of the "mercy" which had been extended to him, he remarked quietly, "Well, you'll be sorry for it."

On March 26, 1857, Mr. John Price, Inspector General of Convicts in the Colony of Victoria, attended at the quarry near Williamstown to hear any petitions or complaints which the convicts might have to present. Convict James Kelly was the first called and he asked for a ticket-of-leave. Mr. Price replied that he was unable to accede to this request. As he walked away Kelly was heard by Captain Blatchford to mutter "Bloody tyrant, your race is nearly run." He appeared to be in a furious passion, but very little notice was taken of him at the time. Several of the prisoners pressed forward and began to crowd round Mr. Price, loudly complaining that they had not received the due amount of rations. Some exclaimed that they were being cheated. Mr. Price stepped back and said in a loud voice, so as to be heard above the din, that these complaints must be given in proper form, when full enquiries should be made. If the charges were true the abuses should be rectified, but if they were false or unfounded, those making them would be punished. Suddenly a rush was made. Kelly threw a heavy stone, shouting at the time, "Down with the bloody tyrant." The stone struck Mr. Price and he reeled. The convicts pressed forward shouting "Give it him, give it him," and a volley of stones was sent flying through the air. Captain Blatchford was struck several times and rushed off to summon the guard, which was stationed on the other side of the quarry tramway, behind a large heap of stones. A convict named Bryant was said to have struck Price with a heavy navvy's shovel. He then shouted "Come on. He's cooked. He wants no more." When Captain Blatchford returned with the guard the convicts had placed Price's body on a hand barrow, which they held up in their hands. The remainder stood round as if waiting for orders. The face of the murdered man was calm, even pleasant to look at, but the back of his head was terribly battered, and the heap of stones was covered with his blood and brains. The guards surrounded the convicts, who offered no resistance, and they were marched away to the wharf and taken on board the _Success_. Soon afterwards shouts of "The bloody tyrant's done for, hooray," and much cheering were heard on board of this vessel and on the _Lysander_. Fearing that a general mutiny of convicts might take place, the harbour defence vessel _Victoria_, with her guns shotted and the crew at their quarters, was laid alongside the _Success_ ready to sink her if necessary. The convicts, however, were very quiet and allowed themselves to be conducted to their cells without opposition. Fifteen convicts were placed on trial for this murder, but each one exercised his full right of challenge, so that the panel was exhausted without a jury being secured. On the next day the Crown Prosecutor withdrew three prisoners and the jurors to whom they had objected were recalled. This manoeuvre was repeated until at length a jury was obtained to try three prisoners, Thomas Malony, Thomas Williams, and Henry Smith. They were found guilty and sentenced to death. On the day following Richard Jones, William Jones, John Williams, and James Kelly were placed at the bar, and after a lengthy consultation the jury returned a verdict of "Not guilty." This verdict was condemned in the strongest terms by the judge, the press, and the general public. The acquittal of Kelly, who was said to have led the assault and struck the first blow, caused general indignation. The remainder of the prisoners were charged in two batches, and they were all found guilty and sentenced to death. Their names were Francis Brannagan, Richard Bryant, William Brown, John Young, alias Lowe, James Anderson, Henry Smith, alias Brennan, Daniel Donovan, and John Chesley. The majority of them had been condemned to penal servitude for bushranging and robbery, and the last on the list was Chesley, who was executed on April 30th, 1857.

Melville had been removed from the hulks to the Melbourne gaol a short time before because it was believed that he had been planning a general mutiny, and now it was said that the murder of Mr. Price had been included in his scheme. During the first two or three months of his residence at "Wintle's Hotel," as the Melbourne gaol was facetiously called, Melville behaved very quietly, and was treated as an ordinary prisoner. On July 28th, 1857, he made a savage attack on Mr. Wintle, the Governor of the gaol, and was afterwards confined to his cell. Later it was reported that for weeks he would behave in the most exemplary manner, but would suddenly and unexpectedly break out into a paroxysm of fury, during which he would destroy everything destructible. At these times the warders and officers were ordered to keep away from his cell, and leave him to himself. He was placed under medical surveillance, with a view to ascertain whether he was sane or not, great care being taken, it was said, not to excite him. On August 10th he was locked up as usual, and appeared to be in his normal condition as regards health and spirits, but, on his cell being opened next morning, he was found lying dead on the ground. A blue handkerchief with red spots, which he had brought with him from the hulks, was tied round his neck with a slip knot and twisted up tightly. Dr. McCrae was called in immediately, and said that death was due to strangulation. Life had been extinct some three or four hours. He was of the opinion that the prisoner had tied the knot himself. A verdict of _felo de se_ was returned by the coroner's jury which heard the case. A variety of opinions were expressed as to this verdict. So far as is known, there is no evidence to prove that Melville came to his death in any other way than that stated at the inquest, but there were numbers of people who asserted their belief that the bushranger was strangled by the gaolers. As a rule these people did not blame the gaolers for this act. The opinion generally expressed was that Melville was little better than a wild beast, and was better dead than alive. They also asserted that it would have been more satisfactory if the bushranger had been hung openly instead of being murdered secretly, and they blamed the Governor and the Judge for having been so "soft-hearted" as to commute his sentence when he was condemned to the gallows. There appears, however, to be no evidence in support of this view. The records of the inquest are brief, but they seem clearly enough to prove that the most noted bushranger of the gold-digging era took his own life in one of the paroxysms to which he was liable. Whether these paroxysms were due to his harsh treatment on the hulks is another matter, but we are not in the "Fifties" now. The hulks have been destroyed or sold, and the prisoners are treated as humanely now in Australia as they are in any other civilised country. The treatment of the bushrangers all through the later developments of that crime tend to prove that the Australians considered bushranging as a sort of exotic introduced into the country with the convicts sent from England, and only to be wiped out by the suppression of the convict element in the population. We see the influence of this view in New South Wales, Van Diemen's Land, and elsewhere, as well as in Victoria. In this colony the appointment of Mr. John Price as Inspector General of convicts was an expression of the popular belief. Mr. Price had had a long experience among convicts, and the very fact that his treatment of them was harsh was a recommendation in his favour. He had been superintendent of the convict station of Port Arthur, where he was known to the convicts placed under his charge as "Bloody Tyrant Price." When that establishment, of the character of which the late Marcus Clarke gives us an idea, but an idea only, in his story, "For the Term of his Natural Life," was broken up, in consequence of the cessation of transportations to Van Diemen's Land, in 1853, Mr. Price was specially chosen for the position he held in Victoria because of his knowledge, not merely of convict character, but of the personal appearance of a large number of the criminals who were disturbing the peace of the colony, because the majority of them had already been under his charge in Van Diemen's Land. The Victorians desired above all things to keep the convicts out of their colony, and as a means to this end they endeavoured to make their prisons a "holy terror" to this class of immigrant. When that object had been achieved, or the convict element in the population had died out by the effluxion of time, they modified their prison discipline in accordance with the growth of humanitarian ideas. Whether they have done all that is possible in this direction may be doubted, but this is not the place to discuss this question. The evidence so far as it has been collected and considered tends to show that the chief remedy for crime is education. It is impossible to believe that even the worst of the bushrangers would have grown up to be such scourges to society had they been properly cared for during the impressionable period of their lives, and many of them amid all their savagery show traces of qualities which might, under happier circumstances, have fitted them for useful positions in the world. It may be added here that Mr. John Price is popularly supposed to have been the prototype of "Maurice Freere" in Marcus Clarke's novel, which should be read by every student of Australian history.